John M. Murray v. Florida Department of Corrections
This text of 219 So. 3d 995 (John M. Murray v. Florida Department of Corrections) 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.
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
219 So. 3d 995, 2017 WL 2437486, 2017 Fla. App. LEXIS 8129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-m-murray-v-florida-department-of-corrections-fladistctapp-2017.