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Bostic v. Crosby

District Court of Appeal of Florida, First District
Oct 28, 2003
858 So. 2d 347 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D02-4247

Opinion filed October 28, 2003.

Petition for Writ of Certiorari — Original Jurisdiction.

Larry D. Bostic, petitioner, pro se.

Louis A. Vargas, General Counsel, and Sheron Wells, Assistant General Counsel, Department of Corrections, for respondent.


Larry D. Bostic seeks certiorari review of an order of the circuit court denying his petition for writ of mandamus. We deem it necessary to address only his claim that he is entitled to relief under Bolden v. Moore, 28 Fla. L. Weekly D187 (Fla. 1st DCA Jan. 8, 2003), review granted, 848 So.2d 1153 (Fla. 2003). Respondent Crosby asserts that the rationale employed by this court in Bolden is not applicable to this case, or alternatively suggests that this proceeding should be abated pending the supreme court's disposition of the question certified inBolden. We conclude that because Bostic's sentences are for unrelated crimes, our decision in Bolden affords him no basis for relief. Compare Lewis v. Crosby, 28 Fla. L. Weekly D2017 (Fla. 1st DCA Aug. 26, 2003). Accordingly, we deny both the petition for writ of certiorari and respondent's motion to abate. This disposition is without prejudice to Bostic's right to seek relief in the event the supreme court's decision in Bolden establishes a basis for doing so.

ALLEN, DAVIS and BENTON, JJ., concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED.


Summaries of

Bostic v. Crosby

District Court of Appeal of Florida, First District
Oct 28, 2003
858 So. 2d 347 (Fla. Dist. Ct. App. 2003)
Case details for

Bostic v. Crosby

Case Details

Full title:LARRY D. BOSTIC, Petitioner, v. JAMES V. CROSBY, JR., Respondent

Court:District Court of Appeal of Florida, First District

Date published: Oct 28, 2003

Citations

858 So. 2d 347 (Fla. Dist. Ct. App. 2003)

Citing Cases

Lewis v. Crosby

As between the sentences imposed in the two separate cases, our decision in Bolden affords petitioner no…