PEARSON v. MOORE

No. 1D99-2520.

767 So.2d 1235 (2000)

Steve PEARSON, Petitioner, v. Michael W. MOORE, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

August 14, 2000.


Attorney(s) appearing for the Case

Baya Harrison, III, Monticello, for Petitioner.

Susan A. Maher, Deputy General Counsel; Sheron Wells, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent.


BENTON, J.

By petition for writ of certiorari to review the denial of a petition for writ of mandamus, we are asked to decide whether the Department of Corrections (DOC) may refuse to give effect to a sentence imposed by a circuit court. Concluding that any such refusal raises overriding questions of separation of powers, we hold that the court below departed from the essential requirements of law, grant the petition for...

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