JOHN M. MURRAY, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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The court reversed the denial of mandamus relief requiring the Florida Department of Corrections to recommend commutation of appellant's life sentence and to reimburse personal costs, as the Department conceded error and provided the required recommendation and reimbursement.
A writ of mandamus shall issue to compel the Department of Corrections to submit a statutorily required recommendation for commutation to the Office of Executive Clemency and to reimburse an inmate's personal costs when the Department has conceded error and substantially complied.
[1] When an administrative agency concedes error in a mandamus proceeding by providing the statutorily required action and reimbursement, the appellate court shall reverse th…
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Join FLexlaw to unlock all legal intelligenceJohn M. Murray, an inmate serving a life sentence for second-degree murder, petitioned for a writ of mandamus seeking a recommendation from the Florid…
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Appellant seeks review of the denial of a petition for writ of mandamus that sought a recommendation from the Florida Department of Corrections- (“the Department”) to -the Office of Executive Clemency (“OEC”) for commutation „ of his life sentence. Appellant sought reimbursement of personal costs and requested that the OEC be notified that appellant was convicted of second-degree murder.
The Department has filed an amended concession of error showing that it has provided the statutorily required recommendation to the OEC and has filed a notice of reimbursement demonstrating that appellant’s inmate account has been reimbursed for personal costs.
We summarily affirm the second issue because the record shows that the information provided to the OEC makes no mention of a first-degree murder conviction. The circuit court granted a motion to correct the record, noted that appellant had been convicted of second-degree murder, and recognized that the court had misstated that fact in the final order.
Accordingly, based on the Department’s proper partial concession of error, we reverse as to the request for reimbursement of personal costs noting that the Department has already reimbursed the costs, and we summarily affirm the second issue.
ROBERTS, C.J., MAKAR, and JAY, JJ., CONCUR.