JAMES E. DOUGLAS, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE

Fla. 5th DCA | 1998-04-17
No. 97-1333
COBB, W. SHARP and ANTOON, JJ„ concur.
710 So. 2d 142 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 2 cases
Topics
Ex Post Facto Clause Habitual Offender Sentencing Petition For Writ Of Habeas Corpus Habeas Corpus

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Opinion of the Court
PER CURIAM.

PER CURIAM.

James Douglas (defendant) appeals the trial court’s order denying his petition for writ of habeas corpus. In the petition, the defendant contended that the cancellation of his control release credits by the Department of Corrections was an ex post facto application of law. We affirm. To be an ex post facto application, the law must apply to events occurring before its enactment. See Weaver v. Graham, 450 U.S. 24, 28-30, 101 S.Ct. 960, 963-65, 67 L.Ed.2d 17 (1981). In this case, at the time he committed his crime and was sentenced as an habitual offender, the defendant was not entitled to control release credits. See § 947.146(4)(e), Fla. Stat. (1989). Thus, the cancellation of control release credits pursuant to section 947.146(3)(g), Florida Statutes (1995), was not an ex post facto application of law.

AFFIRMED.

COBB, W. SHARP and ANTOON, JJ„ concur.

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Citator

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  • Floyd v. State, 716 So. 2d 855 (Fla. 5th DCA 1998)
    …PER CURIAM. AFFIRMED. Douglas v. Florida Parole Commission, 710 So. 2d 142 (Fla. 5th DCA 1998). GRIFFIN, C.J., and DAUKSCH and ANTOON, JJ., concur.…

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