Simmons v. Crosby

Full title: JOHNNY L. SIMMONS, Petitioner, v. JAMES V. CROSBY, JR., Secretary…

Court: District Court of Appeal of Florida, First District

Date published: Jan 31, 2006

Case No. 1D05-2080 (Fla. Dist. Ct. App. Jan. 31, 2006)

Opinion

Case No. 1D05-2080.

Opinion filed January 31, 2006.

Petition for Writ of Mandamus — Original Jurisdiction.

Johnny Simmons, pro se, petitioner.

Charlie Crist, Attorney General, and Sherry Anita Toothman, Assistant Attorney General, Tallahassee, for respondent.

PER CURIAM.

Johnny Simmons petitions this court for a writ of mandamus, seeking to compel a disposition by the Circuit Court for Leon County on a petition for writ of mandamus relating to credit for time served. The circuit court petition was filed in October 2004 and we agree with petitioner that the delay in the proceedings below is unreasonable. Accordingly, we grant the mandamus petition and direct that the circuit court issue a ruling on the merits of its case number 2004 CA 002497 within 30 days of issuance of mandate in this cause. See Bernard v. State, 734 So. 2d 606 (Fla. 1st DCA 1999).

PETITION GRANTED.

BARFIELD, DAVIS and HAWKES, JJ., concur.

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