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DIGGS v. DEPT. OF CORRECTIONS

No. BR-261.

503 So.2d 412 (1987)

Thomas Duane DIGGS, Petitioner, v. DEPARTMENT OF CORRECTIONS, et al., Respondents.

District Court of Appeal of Florida, First District.

February 27, 1987.

Attorney(s) appearing for the Case

Thomas Diggs, pro se.

Robert A. Butterworth, Atty. Gen., Gary L. Printy, Asst. Atty. Gen., for respondents.

PER CURIAM.

Petitioner filed a petition for writ of mandamus alleging that respondent refused to credit his sentence with time previously served, as ordered by the sentencing judge. The allegations of the petition, if true, showed that petitioner is presently under illegal constraint. Therefore, pursuant to Florida Rule of Appellate Procedure 9.040, the petition was treated as a petition for writ of habeas corpus and the state was ordered to show cause why the petition...

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