MORALEZ v. INCH (2021)

District Court of Appeal of Florida, First District.

Elpidio MORALEZ, Appellant, v. Mark S. INCH, Secretary, Florida Department of Corrections and Florida Commission on Offender Review, Appellees.

No. 1D20-760

Decided: January 11, 2021

Elpidio Moralez, pro se, Appellant. Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee; and Mark Hiers, Assistant General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellees.

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”).

Per Curiam.

Rowe, M.K. Thomas, and Nordby, JJ., concur.

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