Elpidio Moralez v. Mark S. Inch, Secretary, Florida Department of Corrections and Florida Commission on Offender Review

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-760 _____________________________ ELPIDIO MORALEZ, Appellant, v. MARK S. INCH, Secretary, Florida Department of Corrections and FLORIDA COMMISSION ON OFFENDER REVIEW, Appellees. _____________________________ On appeal from the Circuit Court for Union County. Denise Ferrero, Judge. January 11, 2021 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. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ 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. 2