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BUSS v. STONE

No. 1D10-3384.

61 So.3d 1209 (2011)

Edwin G. BUSS, Secretary, Florida Department of Corrections, Appellant, v. Harry E. STONE, Appellee.

District Court of Appeal of Florida, First District.

May 13, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Marcus O. Graper , Assistant Attorney General, Tallahassee, for Appellant.

No appearance, for Appellee.

PER CURIAM.

The State of Florida challenges an order which treats a petition for a writ of mandamus as a petition for a writ of habeas corpus and which transfers such petition to the county where the petitioner resides. We reverse.

Appellee Harry E. Stone, a prisoner in the custody of the Florida Department of Corrections, was charged to have been in possession of a weapon, a violation of Department rules. Following a hearing, a disciplinary team found appellee...

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