ELPIDIO MORALEZ
v.
MARK S. INCH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS AND FLORIDA COMMISSION ON OFFENDER REVIEW

Fla. 1st DCA | 2021-01-11
No. 20-0760
Florida District Court of Appeal, First District (2021)


Opinion of the Court
Nordby

PER CURIAM.

AFFIRMED. See § 79.01, Fla. Stat. (2020) (providing that before a petition for writ of habeas corpus may be granted, the petitioner must “show[ ] by affidavit or evidence probable cause to believe that he or she is detained without lawful authority”); see also Flicker v. Duff, 290 So. 2d 129, 130 (Fla. 1st DCA 1974) (holding that a habeas petition did not “make out a prima facie case” when the petitioner provided no record or affidavits to support his allegations); Russell v. Fla. Parole Comm’n, 946 So. 2d 32, 32 (Fla. 1st DCA 2006) (finding no error in trial court’s order denying a petition for writ of habeas corpus challenging revocation of parole when the petition “failed to set out a prima facie basis for relief”).

ROWE, M.K. THOMAS, and NORDBY, JJ., concur. _____________________________


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