Johnson v. Turner

District Court of Appeal of Florida

Johnson v. Turner

436 So. 2d 291, 1983 Fla. App. LEXIS 22562

CourtDistrict Court of Appeal of Florida

DecidedAugust 3, 1983

DocketNo. 83-1070

StatusPublished

Cited by1 cases

This text of 436 So. 2d 291 (Johnson v. Turner) 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.

Bluebook

Johnson v. Turner, 436 So. 2d 291, 1983 Fla. App. LEXIS 22562 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Petitioner seeks review of his presumptive parole release date by this petition for writ of habeas corpus. We treat the petition for writ of habeas corpus as a petition for mandamus directed against the Commission. Moore v. Florida Parole and Probation Commission, 289 So.2d 719 (Fla. 1974), cert. denied, 417 U.S. 935, 94 S.Ct. 2649, 41 L.Ed.2d 239 (1974); Pannier v. Wainwright, 423 So.2d 533 (Fla. 5th DCA 1982); Fla.R.App.P. 9.040(c). We grant the writ of mandamus. The petition alleges that the Commission used an expired sentence in aggregation of petitioner’s PPRD, which is improper. Jordan v. Florida Parole and Probation Commission, 423 So.2d 450 (Fla. 1st DCA 1982). The Commission has failed to file a response to this Court’s order to show cause why relief should not be granted. Therefore, we accept petitioner’s allegation of improper aggregation and order the Commission to recompute his PPRD.

WRIT GRANTED.

ANSTEAD, C.J., and LETTS and DELL, JJ., concur.

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PER CURIAM.

Petitioner seeks review of his presumptive parole release date by this petition for writ of habeas corpus. We treat the petition for writ of habeas corpus as a petition for mandamus directed against the Commission. Moore v. Florida Parole and Probation Commission, 289 So.2d 719 (Fla. 1974), cert. denied, 417 U.S. 935, 94 S.Ct. 2649, 41 L.Ed.2d 239 (1974); Pannier v. Wainwright, 423 So.2d 533 (Fla. 5th DCA 1982); Fla.R.App.P. 9.040(c). We grant the writ of mandamus. The petition alleges that the Commission used an expired sentence in aggregation of petitioner’s PPRD, which is improper. Jordan v. Florida Parole and Probation Commission, 423 So.2d 450 (Fla. 1st DCA 1982). The Commission has failed to file a response to this Court’s order to show cause why relief should not be granted. Therefore, we accept petitioner’s allegation of improper aggregation and order the Commission to recompute his PPRD.

WRIT GRANTED.

ANSTEAD, C.J., and LETTS and DELL, JJ., concur.

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436 So. 2d 291, 1983 Fla. App. LEXIS 22562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-turner-fladistctapp-1983.

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