Hernandez v. Wainwright

Florida District Courts of Appeal June 8, 1980

Hernandez v. Wainwright, 371 So. 2d 596 (1980)

Booth, Mills, Smith

Opinion of the Court

PER CURIAM.

The petitioner here, an inmate at the Avon Park Correctional Institution, seeks mandamus to force the Department of Corrections or the Parole and Probation Commission to turn over to him a post-sentence investigation report. Florida Statute § 945.10(2), proscribes the relief sought as follows:

“No inmate of any institution, facility, or program of the Department of Offender Rehabilitation shall have access to any information contained in the files of the Department of Offender Rehabilitation..."

Accordingly, Petition for Mandamus is DENIED.

MILLS, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur.

Reference

Full Case Name: Herbie HERNANDEZ v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Maurice G. Crockett, Anabel P. Mitchell, Jack V. Blanton, Ray E. Howard, Roy W. Russell, Charles J. Scriven and Armond R. Cross (Deceased), Commissioners of and Constituting the Florida Parole and Probation Commission
Cited By: 2 cases
Status: Published