Florida District Courts of Appeal, 1996

Alberson v. Durocher

Alberson v. Durocher
Florida District Courts of Appeal · Decided August 2, 1996 · Griffin, Only, Sharp, Thompson
677 So. 2d 113; 1996 Fla. App. LEXIS 8267; 1996 WL 431162 (Southern Reporter, Second Series)

Alberson v. Durocher

Opinion of the Court

W. SHARP, Judge.

We affirm the trial court’s denial of Alber-son’s petition for a writ of mandamus on the ground that the petition fails to show he exhausted all grievance or administrative procedures to obtain copies of his presen-tence investigative report. Duggan v. Department of Corrections, 665 So.2d 1152 (Fla. 5th DCA 1996); Washington v. State, 662 So.2d 1027 (Fla. 5th DCA 1995). Further, we note the Department of Corrections must be added or substituted as the proper party, *114since it appears the Department rather than the Office of the Public Defender (Durocher) is in possession of the presentence investigative report. See 35 Fla. Jur.2d, Mandamus & Prohibition § 104. Our affirmance is without prejudice to resubmit a proper petition for mandamus to the trial court. See Scalf v. Singletary, 618 So.2d 368 (Fla. 1st DCA 1993).

AFFIRMED.

THOMPSON, J., concurs. GRIFFIN, J., concurs in result only.

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