Canty v. State

• Decision Date: 10 February 2021
• Docket Number: No. 1D20-380,1D20-380
• Citation: 311 So.3d 1012 (Mem)
• Parties: Alphonsia CANTY, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

311 So.3d 1012 (Mem)

Alphonsia CANTY, Appellant,

v.STATE of Florida, Appellee.

No. 1D20-380

District Court of Appeal of Florida, First District.

February 10, 2021

Alphonsia Canty, pro se, Appellant.

Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.

B.L. THOMAS, J.

We affirm the trial court's order denying Appellant's petition for writ of habeas corpus because Appellant has failed to provide evidence that he is entitled to immediate release. See Robenson v. McNeil , 39 So. 3d 350, 351 (Fla. 1st DCA 2010) ("The writ of habeas corpus is available only if the petitioner shows probable cause to believe that he or she is detained without lawful authority."). However, Appellant has presented evidence that the sentencing court intended for his sentences to run concurrently, including a 2011 response from the State filed in this Court agreeing with his contention. We also agree. Because Appellant's five-year sentence was to run concurrently with his hundred-year sentence, and "the composite term of [both these] sentences imposed" were to run concurrently with "any sentence now serving," his hundred-year sentence is also concurrent with the ninety-nine-year sentence that had previously been imposed and that Appellant had been serving in Case No. 76-1902 at the time the sentences were imposed in Case No. 83-3297. Appellant's only remedy at this time is to seek administrative relief from the Department based on the State's 2011 concession and this opinion.

AFFIRMED .

Winokur and Tanenbaum, JJ., concur.