Legal Opinion

Dodd v. Florida Parole & Probation Commission

District Court of Appeal of Florida

Decided December 17, 1979No. SS-236Published

1Per curiam

This cause is before us upon a petition for a writ of mandamus or habeas corpus. Petitioner alleges that the method by which his presumptive parole release date was determined treats his concurrent sentences as if they were consecutive sentences.

Section 947.173, Florida Statutes, provides for an administrative review, upon request, of presumptive parole release date determinations. Petitioner’s failure to assert exhaustion of such administrative rem*310edy precludes mandamus relief. Houston v. Florida Parole & Probation Commission, 377 So.2d 34 (Fla.1st DCA 1979).

As to the alternative petition…

2Cases cited2 opinions

  1. Houston v. FLA. PAROLE & PROBATION COMM.District Court of Appeal of Florida · 1979
  2. Mann v. WainwrightDistrict Court of Appeal of Florida · 1966

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