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Thomas v. State

District Court of Appeal of Florida, Fourth District
Jul 15, 2005
904 So. 2d 502 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D03-2713.

May 18, 2005. Rehearing Denied July 15, 2005.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Catherine Brunson, Judge; L.T. Case No. CA 03-1884 AH.

Dorrie M. Thomas, Okeechobee, pro se.

Bradley R. Bischoff, Tallahassee, for appellee Florida Parole Commission.


We affirm the decision of the circuit court to treat the rule 3.800(a) motion as a petition for writ of mandamus. Appellant did not show that he received an illegal sentence and his challenges to the parole statutes are properly reviewed in a mandamus petition.

However, the circuit court erred in requiring appellant to comply with section 57.085, Florida Statutes. Collateral criminal proceedings are exempt from this statute and the general indigency statute, section 57.081, Florida Statutes, applies in this case. See § 57.085(10), Fla. Stat.; Cason v. Crosby, 892 So.2d 536, 537 (Fla. 1st DCA 2005). Nevertheless, Thomas is not entitled to relief as his claims have been fully litigated more than once and are without merit. See Cal. Dep't of Corrections v. Morales, 514 U.S. 499, 115 S.Ct. 1597, 131 L.Ed.2d 588 (1995); Paschal v. Wainwright, 738 F.2d 1173 (11th Cir. 1984).

STONE, WARNER and STEVENSON, JJ., concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Fourth District
Jul 15, 2005
904 So. 2d 502 (Fla. Dist. Ct. App. 2005)
Case details for

Thomas v. State

Case Details

Full title:Dorrie M. THOMAS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 15, 2005

Citations

904 So. 2d 502 (Fla. Dist. Ct. App. 2005)

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