Mabrey v. Florida Parole Commission

District Court of Appeal of Florida

Mabrey v. Florida Parole Commission

109 So. 3d 1264, 2013 WL 1316760, 2013 Fla. App. LEXIS 5446

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 2013

DocketNo. 2D12-3941

StatusPublished

This text of 109 So. 3d 1264 (Mabrey v. Florida Parole 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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Mabrey v. Florida Parole Commission, 109 So. 3d 1264, 2013 WL 1316760, 2013 Fla. App. LEXIS 5446 (Fla. Ct. App. 2013).

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Opinion

VILLANTI, Judge.

Raymond Lee Mabrey appeals from an order of the circuit court dismissing his petition for writ of habeas corpus. The Florida Parole Commission has waived briefing and concedes that Mabrey, who resides -within the territorial jurisdiction of the Sixth Judicial Circuit, properly sought his immediate release by filing a petition for writ of habeas corpus in that court. See Donovan v. Fla. Parole Comm’n, 72 So.3d 339, 340 (Fla. 2d DCA 2011). Furthermore, the petition demonstrates on its face that Mabrey exhausted his administrative remedies once the Commission took final action on the revocation of his conditional release. The circuit court, acting in its appellate capacity, should have reviewed the Commission’s order. See Sheley v. Fla. Parole Comm’n, 703 So.2d 1202, 1206 (Fla. 1st DCA 1997) (en banc), aff'd, 720 So.2d 216 (Fla.1998).

Accordingly, we reverse the order dismissing Mabrey’s petition for writ of habe-as corpus and remand for the circuit court to consider the petition on its merits.

CASANUEVA and DAVIS, JJ., Concur.

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VILLANTI, Judge.

Raymond Lee Mabrey appeals from an order of the circuit court dismissing his petition for writ of habeas corpus. The Florida Parole Commission has waived briefing and concedes that Mabrey, who resides -within the territorial jurisdiction of the Sixth Judicial Circuit, properly sought his immediate release by filing a petition for writ of habeas corpus in that court. See Donovan v. Fla. Parole Comm’n, 72 So.3d 339, 340 (Fla. 2d DCA 2011). Furthermore, the petition demonstrates on its face that Mabrey exhausted his administrative remedies once the Commission took final action on the revocation of his conditional release. The circuit court, acting in its appellate capacity, should have reviewed the Commission’s order. See Sheley v. Fla. Parole Comm’n, 703 So.2d 1202, 1206 (Fla. 1st DCA 1997) (en banc), aff'd, 720 So.2d 216 (Fla.1998).

Accordingly, we reverse the order dismissing Mabrey’s petition for writ of habe-as corpus and remand for the circuit court to consider the petition on its merits.

CASANUEVA and DAVIS, JJ., Concur.

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Bluebook (online)

109 So. 3d 1264, 2013 WL 1316760, 2013 Fla. App. LEXIS 5446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mabrey-v-florida-parole-commission-fladistctapp-2013.

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