Tranquille v. State
This text of 828 So. 2d 1034 (Tranquille v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Jean M. TRANQUILLE, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Appellant, pro se.
Carolyn J. Mosley, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.
WOLF, J.
We reverse the order denying the habeas corpus petition with directions for appellant's immediate release. Unlike the circumstances in Eldridge v. Moore, 760 So.2d 888 (Fla.2000), the Appellant was serving a probationary split sentence in part for crimes committed before October 1, 1989. Therefore, the Department of Corrections had no authority to add days to the sentence imposed by the trial court as a forfeiture penalty upon Appellant's revocation of probation. See § 944.28(1), Fla. Stat. (1989).
BOOTH and LEWIS, JJ., concur.
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828 So. 2d 1034, 2002 WL 31026618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tranquille-v-state-fladistctapp-2002.