Dodd v. Florida Parole & Probation Commission

District Court of Appeal of Florida

Dodd v. Florida Parole & Probation Commission

380 So. 2d 556, 1980 Fla. App. LEXIS 16046

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1980

DocketNo. SS-236

StatusPublished

Cited by2 cases

This text of 380 So. 2d 556 (Dodd v. Florida Parole & Probation Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dodd v. Florida Parole & Probation Commission, 380 So. 2d 556, 1980 Fla. App. LEXIS 16046 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

This cause is before us upon an amended petition for a writ of mandamus. Petitioner alleges that the method by which his presumptive parole release date was determined treats his concurrent sentences as if they were consecutive sentences.

Section 947.173, Fla.Stat., provides for administrative review, upon request, of presumptive parole release date determinations. However, it is not alleged that such review was ever requested as to the issue now presented. Petitioner’s apparent failure to avail himself of this administrative remedy precludes mandamus relief. See State ex rel. Boulevard Mortgage Co. v. Thompson, 113 Fla. 419, 151 So. 704 (1933).

Accordingly, the petition is denied.

MILLS, C. J., and LARRY G. SMITH, and WENTWORTH, JJ., concur.

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