Rosales v. Moore

Petitioner. Orlando Rosales filed a petition for writ of certiorari challenging the trial court’s order denying his petition for writ of mandamus. The denial of mandamus relief served to uphold the Department of Corrections’ application of the eighty-five percent rule pursuant to section 944.275(4)(b)3., Florida Statutes, to petitioner’s sentence for lewd and lascivious assault upon a child, which offense was alleged to have occurred between January 1995 and December 17,1996.

Respondent Michael W. Moore notified this court that after the court’s decision in Duer v. Moore, 744 So.2d 992 (Fla.…