TERRY VAUGHN v. JAMES V. CROSBY, JR., Secretary, Department of Corrections

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TERRY VAUGHN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D04-4202 JAMES V. CROSBY, JR., Secretary, Department of Corrections, Appellee. Opinion filed August 5, 2005. An appeal from an order of the Circuit Court for Leon County. Nikki Ann Clark, Judge. Terry W. Vaughn, pro se, appellant. Charlie Crist, Attorney General, and Warren James Pearson, Assistant Attorney General, Tallahassee, for appellee. PER CURIAM. Upon consideration of appellee s concession of error, the order transferring appellant s petition for writ of mandamus to his sentencing court is reversed, and the matter is remanded to the circuit court for consideration of the merits of appellant s petition. See Davidson v. Crosby, 883 So. 2d 866 (Fla. 1st DCA 2004); Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004). KAHN, C.J., PADOVANO and LEWIS, JJ., concur.

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