OSTERBACK v. SINGLETARY

No. 96-324.

679 So.2d 43 (1996)

Mark OSTERBACK, Appellant, v. Harry K. SINGLETARY, Jr., Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

August 23, 1996.


Attorney(s) appearing for the Case

Mark Osterback, pro se, appellant.

Robert A. Butterworth, Attorney General, and Donna La Plante, Assistant Attorney General, Tallahassee, for appellee.


PER CURIAM.

Mark Osterback appeals an order of the circuit court which denied his petition for writ of mandamus. That petition challenged a disciplinary proceeding where he was charged with possession of a weapon. After a hearing, he was found guilty and penalized by disciplinary confinement and forfeiture of gain-time.

We find that the mandamus petition showed entitlement to relief on two issues. Appellant's defense at the disciplinary hearing was that the...

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