MICHAEL W. MOORE, SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS, PETITIONER,
v.
SAMUEL WILSON (DC# 190180), RESPONDENT
SCHWARTZ, Chief Judge.
As the respondent has agreed by confessing error, the trial court order under review, which ordered the Department of Corrections to administer particular medical treatment to a confined prisoner, is quashed for lack of jurisdiction. See Moore v. Peavey, 729 So. 2d 494, 495 (Fla. 5th DCA 1999)(“The authority of the criminal court to issue orders concerning the conditions and treatment of incarcerated inmates ceases when DOC receives the inmate into custody....”); Singletary v. Acosta, 659 So. 2d 449, 450 (Fla. 3d DCA 1995)(trial court “wholly lacks authority to regulate the treatment and placement of a sentenced defendant in the prison system”); see also Singletary v. Duggins, 724 So. 2d 1234 (Fla. 3d DCA 1999).
Certiorari granted.
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Treon D. Patrick v. State, 830 So. 2d 248 (Fla. 1st DCA 2002)…r, because the plea colloquy did not clearly establish that Appellant freely and voluntarily entered his plea, he is not barred under the circumstances of this case from raising this issue in a motion for post-conviction relief. See McCord v. State, 795 So. 2d 101 (Fla. 5th DCA 2001); Carter v. State; 801 So. 2d 118 (Fla. 2d DCA 2001). Ill In ground five, Appellant claims trial counsel was ineffective for failing to investigate and examine defense witnesses. Appellant claims that had his trial counsel inter…
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Tippens v. State, 837 So. 2d 1088 (Fla. 5th DCA 2003)…PER CURIAM. AFFIRMED. See McCord v. State, 795 So. 2d 101 (Fla. 5th DCA), rev. denied, 797 So. 2d 586 (Fla.2001), cert. denied, 535 U.S. 1020, 122 S.Ct. 1612, 152 L.Ed.2d 626 (2002). SHARP, W., PETERSON and ORFINGER, JJ., concur.…
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Fla. Dep't OF Corr. v. Watts, 800 So. 2d 225 (Fla. 2001)…cutting inmate’s hair because of his religious beliefs). Based upon this rationale, the Third District Court of Appeal quashed a trial court order requiring DOC to administer particular medical treatment to a confined prisoner. See Moore v. Wilson, 795 So. 2d 101 (Fla. 3d DCA 2001). Florida courts have also concluded that trial courts act in derogation of the doctrine of separation of powers when they order an inmate to be placed in a specific treatment facility following an involuntary commitment under chap…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Singletary v. Lancy Duggins, 724 So. 2d 1234 (Fla. 3d DCA 1999)
- Howard v. State, 659 So. 2d 449 (Fla. 2d DCA 1995)
- Singletary v. Acosta, 659 So. 2d 449 (Fla. 3d DCA 1995)
- Larason v. State, 729 So. 2d 494 (Fla. 2d DCA 1999)