Opinion
No. 4D08-4979.
May 13, 2009.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 501986-CF-009257-AXX.
Horace Williams, Cross City, pro se.
No appearance required for appellee.
The denial of appellant's rule 3.850 motion is affirmed. Nevertheless, based on the date of appellant's offenses, it appears he is in fact eligible for parole. See Duffy v. State, 874 So.2d 1242 (Fla. 2d DCA 2004); Hurd v. State, 807 So.2d 753, 754 (Fla. 3d DCA 2002); Johnson v. State, 679 So.2d 9 (Fla. 4th DCA 1996); Dolan v. State, 618 So.2d 271, 272 (Fla. 2d DCA 1993). Although he has no absolute right to parole, he is entitled to proper consideration for parole. See Moore v. Fla. Parole Prob. Comm'n, 289 So.2d 719, 720 (Fla. 1974). As a result, our affirmance is without prejudice for appellant to pursue any available administrative remedies or if he has exhausted his administrative remedies to petition the circuit court for a writ of mandamus. See Oishi v. Fla. Parole Prob. Comm'n, 418 So.2d 329 (Fla. 1st DCA 1982); Greer v. Fla. Parole Prob. Comm'n, 403 So.2d 1000 (Fla. 1st DCA 1981).
GROSS, C.J., POLEN and FARMER, JJ., concur.