Bower v. Florida Parole Commission

Full title: ANDRE BOWER, Appellant, vs. FLORIDA PAROLE COMMISSION, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 8, 1999

744 So. 2d 1267 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-485.

Opinion filed December 8, 1999.

An Appeal from the Circuit Court for Miami-Dade County, Jerald Bagley, Judge, L.T. No. 92-2272.

Andre Bower, in proper person.

Bradley R. Bischoff, for Appellee, Florida Parole Commission.

Before JORGENSON, GERSTEN, and GODERICH, JJ.

PER CURIAM.

Defendant appeals an order denying a writ of mandamus challenging an order of the Parole and Probation Commission, claiming there were sufficient grounds to warrant issuance of the writ. However, a writ of habeas corpus, not a writ of mandamus, is the proper method for challenging an order of the Parole and Probation Commission. See Cambell v. Florida Parole Comm'n, 630 So.2d 1210 (Fla. 1st DCA), rev. denied, 639 So.2d 976 (Fla. 1994), vacated, 514 U.S. 1094 (1995), reinstated, 657 So.2d 67 (Fla. 1st DCA), cert. denied, 516 U.S. 996 (1995); Young v. Simmons, 506 So.2d 434 (Fla. 2nd DCA 1987).

Although improperly filed, we are treating the instant writ of mandamus as a writ of habeas corpus and we deny the petition. Accordingly, the order appealed from is affirmed.

Affirmed.