JOHN L. HOUSTON, APPELLANT,
v.
FLORIDA PAROLE & PROBATION COMMISSION AND CLARENCE DESYE, APPELLEES
PER CURIAM.
This cause is before us upon a Petition for a Writ of Mandamus. Petitioner alleges that his presumptive parole release date was determined by a hearing panel consisting of only one hearing examiner; Section 947.095, Fla.Stat., requires that such hearing panels consist of two examiners.
Section 947.173, Fla.Stat., provides for an administrative review, upon request, of presumptive parole release date determinations. Petitioner’s failure to assert exhaustion of such administrative remedy precludes relief here. School Board of Flagler County v. Hauser, 293 So. 2d 681 (Fla.1974).
Accordingly, said petition is DENIED.
MILLS, C. J., LARRY G. SMITH and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gibson v. Fla. Parole & Prob. Comm'n, 450 So. 2d 553 (Fla. 1st DCA 1984)…e release date established by the Commission is affirmed because appellant failed to allege in his petition, or show by providing an appendix, that he had exhausted his administrative remedies. See Houston v. Florida Parole and Probation Commission, 377 So. 2d 34 (Fla. 1st DCA 1979). AFFIRMED. ERVIN, C.J., and THOMPSON and WIG-GINTON, JJ„ concur.…
-
Cribbs v. Fla. Parole Comm'n, 379 So. 2d 441 (Fla. 1st DCA 1980)…us asserting failure of respondent to properly compute a presumptive release date. Factual matters are asserted, and no record is provided. Petitioner has failed to exhaust administrative remedies. Houston v. Florida Parole and Probation Commission, 377 So. 2d 34 (Fla. 1st DCA 1979); Anderson v. Florida Probation and Parole Commission, 378 So. 2d 1265 (Fla. 1st DCA 1979). The petition is denied. BOOTH, SHAW and WENTWORTH, JJ., concur.…
-
Anderson v. Fla. Prob. & Parole Comm'n, 378 So. 2d 861 (Fla. 1st DCA 1979)…rovides for administrative review of presumptive release date determinations, upon request. Petitioner’s failure to indicate exhaustion of his administrative remedy precludes relief in this instance. Houston v. Florida Parole & Probation Commission, 377 So. 2d 34 (Fla. 1st DCA 1979). BOOTH, SHAW and WENTWORTH, JJ., concur.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Sch. Bd. OF Flagler Cnty. v. Hauser, 293 So. 2d 681 (Fla. 1974)