Barreiro v. Fla. Comm'n on Offender Review

• Decision Date: 04 June 2015
• Docket Number: No. 1D14–5175.,1D14–5175.
• Citation: 164 So.3d 1249
• Parties: Angel BARREIRO, Appellant, v. FLORIDA COMMISSION ON OFFENDER REVIEW, Appellee.
• Court: Florida District Court of Appeals

164 So.3d 1249

Angel BARREIRO, Appellant
v.
FLORIDA COMMISSION ON OFFENDER REVIEW, Appellee.

No. 1D14–5175.

District Court of Appeal of Florida, First District.

June 4, 2015.

164 So.3d 1250

Angel Barreiro, pro se, Appellant.

Mark Hiers, Assistant General Counsel, Tallahassee, for Appellee.

Opinion

PER CURIAM.

Angel Barreiro appeals the circuit court's order dismissing in part and denying in part his petition for writ of mandamus challenging the decision of the Florida Commission on Offender Review (Commission) not to change his presumptive parole release date (PPRD). We affirm in part and reverse in part.

Barreiro is an inmate serving parole-eligible life sentences on two counts of first-degree murder. In 2009, a hearing examiner recommended that Barreiro's PPRD be established as October 29, 2025, but the Florida Parole Commission (FPC) rejected this recommendation and established his PPRD as January 2, 2051. The FPC set Barreiro's “subsequent interview” for March 2014 pursuant to section 947.174(1)(b), Florida Statutes (2008). Barreiro filed a mandamus petition in the circuit court challenging the FPC's establishment of his PPRD. The petition was denied. Barreiro then filed a petition for certiorari in this court seeking review of the circuit court's decision. The petition was “denied on the merits.” See Barreiro v. Fla. Parole Comm'n, 110 So.3d 903 (Fla. 1st DCA 2013) (Barreiro I ).

In May 2014, following Barreiro's subsequent interview, the Commission entered an order adopting the hearing examiner's recommendation that no change be made to Barreiro's PPRD. Thereafter, in June 2014, Barreiro filed a mandamus petition in the circuit court that appeared to challenge both the decision not to change the PPRD as well as the initial establishment of the PPRD. The trial court issued an order to show cause, and in response, the Commission filed a motion to dismiss the petition. Barreiro filed a reply in which he clarified that he “is challenging the 2014 subsequent establishment of his PPRD,” but he continued to raise arguments that appeared to challenge FPC's decision to establish his initial PPRD “that was significantly later than [the] date recommended by [the] hearing examiner.”

The circuit court dismissed in part and denied in part...