Alberson v. Durocher

677 So. 2d 113, 1996 Fla. App. LEXIS 8267, 1996 WL 431162

Opinion

W. SHARP, Judge.

We affirm the trial court’s denial of Alber-son’s petition for a writ of mandamus on the ground that the petition fails to show he exhausted all grievance or administrative procedures to obtain copies of his presen-tence investigative report. Duggan v. Department of Corrections, 665 So.2d 1152 (Fla. 5th DCA 1996); Washington v. State, 662 So.2d 1027 (Fla. 5th DCA 1995). Further, we note the Department of Corrections must be added or substituted as the proper party, since it appears the Department rather than the Office of the Public Defender (Durocher) is in possession of the presentence investigative report. See 35 Fla. Jur.2d, Mandamus & Prohibition § 104. Our affirmance is without prejudice to resubmit a proper petition for mandamus to the trial court. See Scalf v. Singletary, 618 So.2d 368 (Fla. 1st DCA 1993).

AFFIRMED.

THOMPSON, J., concurs. GRIFFIN, J., concurs in result only.