Ilkhani v. Lamberti
| Decision Date | 15 December 2010 |
| Docket Number | No. 4D09-5052.,4D09-5052. |
| Court | Florida District Court of Appeals |
| Parties | Michael ILKHANI, Appellant, v. Al LAMBERTI, Sheriff of Broward County, Florida, Appellee. |
Michael ILKHANI, Appellant,
v.
Al LAMBERTI, Sheriff of Broward County, Florida, Appellee.
No. 4D09-5052.
District Court of Appeal of Florida,
Fourth District.
Dec. 15, 2010.
Michael Ilkhani, Trout, LA, pro se.
Terrence O. Lynch, Assistant Legal Counsel, Broward Sheriff's Office, Fort Lauderdale, for appellee.
POLEN, J.
Appellant, Michael Ilkhani, appeals the trial court's order denying his petition for writ of mandamus in which he sought an order requiring the Broward Sheriff's Office (BSO) to prepare a Sheriff's Certificate pursuant to section 921.161, Florida Statutes, following his release from and subsequent return to the custody of the Department of Corrections.
Ilkhani was sentenced to seven years imprisonment in case number 00-5955 on August 3, 2001 and was delivered to the Department of Corrections on November 13, 2001. The BSO prepared a Sheriff's Certificate pursuant to section 921.161, Florida Statutes, indicating that Ilkhani had originally been incarcerated in the county jail on March 29, 2000 and was convicted on August 3, 2001. On February 5, 2002, Ilkhani was returned to the BSO and was subsequently released on supersedeas bond on March 15, 2002. On February 25, 2004, the trial court issued a no bond capias in case number 00-5955 for Ilkhani's failure to appear at a hearing. On May 5, 2006, Ilkhani was arrested in New York on the capias and was held in a New York detention facility until he was returned to the BSO on August 31, 2006. On October 19, 2006, Ilkhani was returned to the Department of Corrections.
Based on the foregoing, Ilkhani filed a petition for writ of mandamus with the
"An appellate court reviews a trial court's decision on a petition for writ of mandamus under the abuse of discretion standard of review." Rosado v. State, 1 So.3d 1147, 1148 (Fla. 4th DCA 2009). Section 921.161(2), Florida Statutes, provides in pertinent part:
(2) In addition to other credits, a person sentenced to imprisonment in custody of the...
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Bd. of Cnty. Comm'rs Broward Cnty. Fla. v. Parrish
...position. While the granting of a writ of mandamus petition is typically reviewed for an abuse of discretion, see Ilkhani v. Lamberti, 50 So.3d 1180, 1181 (Fla. 4th DCA 2010), “to the extent our decision turns on statutory interpretation, we apply a de novo standard of review.” Harvard ex r......
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Bd. of Cnty. Comm'rs Broward Cnty. Fla. v. Parrish
...position. While the granting of a writ of mandamus petition is typically reviewed for an abuse of discretion, see Ilkhani v. Lamberti, 50 So. 3d 1180, 1181 (Fla. 4th DCA 2010), "to the extent our decision turns on statutory interpretation, we apply a de novo standard of review." Harvard ex ......
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Smith v. State
...We review the order for an abuse of discretion. Brown v. State , 93 So. 3d 1194, 1195 (Fla. 4th DCA 2012) (citing Ilkhani v. Lamberti , 50 So. 3d 1180, 1181 (Fla. 4th DCA 2010) ). A petitioner is entitled to issuance of a writ of mandamus upon proof of three elements: (1) petitioner possess......
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Anthony v. State
...in denying petition for writ of mandamus is reviewed under the abuse of discretion standard of review) (citing Ilkhani v. Lamberti, 50 So.3d 1180, 1181 (Fla. 4th DCA 2010) ). Mandamus is an appropriate vehicle for compelling an official to perform lawful duties. Pearce v. Sheffey, 647 So.2d......