Johnson v. FLORIDA PAROLE COM'N, 1D02-2047.
Decision Date | 03 April 2003 |
Docket Number | No. 1D02-2047.,1D02-2047. |
Citation | 841 So.2d 615 |
Parties | Fannings JOHNSON, Petitioner, v. FLORIDA PAROLE COMMISSION and James V. Crosby, Jr., Secretary, Department of Corrections, Respondents. |
Court | Florida District Court of Appeals |
Fannings Johnson, pro se, petitioner.
William L. Camper, General Counsel, and Mark J. Hiers, Assistant General Counsel, Florida Parole Commission, Tallahassee, for respondents.
Petitioner seeks a writ of certiorari to review an order of the circuit court which denied a petition for writ of habeas corpus. We grant the petition.
The Florida Parole Commission (FPC) revoked petitioner's parole on August 23, 2000. On April 12, 2001, FPC established petitioner's presumptive parole release date (PPRD). On September 6, 2001, petitioner challenged the PPRD by filing a petition for writ of mandamus in the Leon County Circuit Court. The petition for writ of mandamus was denied and this court affirmed the circuit court's action when review was sought by petition for writ of certiorari. Johnson v. Florida Parole Comm'n, 833 So.2d 123 (Fla. 1st DCA 2002).
. He also properly sought a writ of habeas corpus to challenge the parole revocation. Young v. Simmons, 506 So.2d 434 (Fla. 2d DCA 1987).
disapproved on other grounds, Sheley v. Florida Parole Comm'n, 720 So.2d 216 (Fla.1998); Thomas v. Florida Parole and Probation Comm'n, 436 So.2d 349 (Fla. 1st DCA 1983); Hansen v. Florida Parole and Probation Comm'n, 436 So.2d 349 (Fla. 1st DCA 1983). Petitioner's previous mandamus petition sought to challenge the PPRD and was properly filed in the circuit court where the agency was headquartered. See Lewis v. Florida Parole Comm'n, 697 So.2d 965 (Fla. 1st DCA 1997). The habeas corpus petition challenged the parole revocation and was properly filed in the county where petitioner was detained. See Campbell v. Florida Parole Comm'n, 630 So.2d 1210 (Fla. 1st DCA 1994)
rev. denied, 639 So.2d 976 (Fla. 1994), vacated, 514 U.S. 1094, 115 S.Ct. 1819, 131 L.Ed.2d 742 (1995), reinstated, 657 So.2d 67 (Fla. 1st DCA), cert. denied, 516 U.S. 996, 116 S.Ct. 533, 133 L.Ed.2d 438 (1995); Young v. Simmons, 506 So.2d 434 (Fla. 2d DCA 1987); § 79.09, Fla. Stat. (2000). Because there is no right to appeal the revocation of parole, review by petition for writ of habeas corpus in the circuit court is proper.
Finally, we note that unlike...
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