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DANCE v. GARNER.
S96A0922.
FLETCHER, Presiding Justice.
Mandamus. Fulton Superior Court. Before Judge Fryer, Senior Judge.
Donald Dance appeals the denial of the filing of his Petition for Writ of Mandamus. Because mandamus is not available to compel a public official to perform a discretionary act unless there is a gross abuse of discretion, we affirm.
Dance is currently incarcerated and brought this mandamus action against J. Wayne Garner, the former Chairman of the Board of Pardons and Paroles, to require Garner to set a tentative release date in accordance with the Parole Decision Guidelines. In adopting these guidelines, the Pardons and Paroles Board reserved the discretion to deviate from the guidelines and to establish a tentative parole month at any time prior to the expiration of a prisoner's sentence. 1 Because the board retained the discretion to set Dance's parole date beyond the guidelines' recommendation, and because mandamus is not available to control a public official's discretion, 2 the trial court did not err in denying its filing.
Notes
2  Id. at 142.* The crimes occurred on March 3, 1994. Happoldt was indicted on May 16, 1994, for the malice murder and felony murder of Janice Buice, of aggravated assault on his son Jackson Happoldt, and possession of a firearm during the commission of a felony. He was tried on August 18, 1994, and was found guilty of all charges. On August 18, 1994, Happoldt was sentenced to life imprisonment for malice murder, twenty years imprisonment to be served consecutively for aggravated assault, and five years to be served consecutively to the twenty years for possession of a firearm during the commission of a felony. The felony murder con-
Michael J. Bowers, Attorney General, Neal B. Childers, Senior Assistant Attorney General, for appellee.
Donald Dance, pro se.
DECIDED SEPTEMBER 23, 1996.
Thursday May 21 05:29 EDT


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