MOZELL FLEMING, APPELLANT,
v.
STATE OF FLORIDA, ET AL., APPELLEES

Fla. 5th DCA | 1997-08-22
No. 97-547
THOMPSON and ANTOON, JJ., concur.
697 So. 2d 1322 Florida District Court of Appeal, Fifth District (1997) Positive Treatment
Cited by 3 cases
Topics
Revocation Of Conditional Release Conditional Release Credit For Time Served Petition For Writ Of Habeas Corpus

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Opinion of the Court
GRIFFIN, Chief Judge.

GRIFFIN, Chief Judge.

Appellant appeals the lower court’s denial of his petition for writ of habeas corpus. The state appears to be correct that the writ was properly denied because resolution of the issue raised in appellant’s favor would not entitle him to immediate release. Moreover, we see no merit to appellant’s claim. Appellant contends, in essence, that he is entitled to credit for time served while he was out of prison as a conditional releas-ee.1 Apparently, he violated the conditions of his release and was re-incarcerated. His argument is predicated on the existence of section 944.275(2)(e), Florida Statutes (1995), which expressly allows extension of release dates for probation violators and escapees but does not mention those who violate their conditions of conditional release. He fails to consider that the sentence he received for his crimes is a term of years, not a specific release date. Moreover, section 947.141(4) expressly provides that upon revocation of conditional release, the prisoner may be returned to prison to serve the sentence imposed.

AFFIRMED.

THOMPSON and ANTOON, JJ., concur. . The Conditional Release Program Act is contained in section 947.1405, Florida Statutes (1995).

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  • Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr., 768 So. 2d 1257 (Fla. 1st DCA 2000)
    …higan Parole Board, 405 F.Supp. 1340, 1345 (E.D.Mich.1975) ("In deciding to grant, deny, or revoke parole, [parole board officials] act in a quasi-judicial capacity, as an arm of the sentencing judge ....") (emphasis added). . See Fleming v. State, 697 So. 2d 1322 (Fla. 5th DCA 1997) ("[T]he sentence [the defendant] received for his crimes is a term of years, not a specific release date.”). . The complaint alleged no error on the part of DOC or the Commission in subjecting appellant to conditional release su…
  • Napier v. Fla. Parole Comm'n & Dep't of Corr. (Fla. 4th DCA 2020)

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