Tucker v. Florida Parole & Probation Commission

District Court of Appeal of Florida

Tucker v. Florida Parole & Probation Commission

417 So. 2d 1178, 1982 Fla. App. LEXIS 28688

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 1982

DocketNo. 81-635

StatusPublished

This text of 417 So. 2d 1178 (Tucker v. Florida Parole & Probation Commission) 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.

Bluebook

Tucker v. Florida Parole & Probation Commission, 417 So. 2d 1178, 1982 Fla. App. LEXIS 28688 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

The petitioner’s request for a writ of habeas corpus was denied by the circuit court, which held that it had no jurisdiction over the Florida Parole and Probation Commission’s determination of his release date. However, according to our decision in Lowe v. Florida Parole & Probation Comm’n, 416 So.2d 470 (Fla. 2d DCA Apr. 30, 1982), the circuit court did have jurisdiction to review the commission’s action and provide relief if the prisoner demonstrated entitlement thereto.

We therefore reverse and remand for an appropriate determination, pursuant to Lowe.

OTT, C. J., and HOBSON and SCHOON-OVER, JJ., concur.

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PER CURIAM.

The petitioner’s request for a writ of habeas corpus was denied by the circuit court, which held that it had no jurisdiction over the Florida Parole and Probation Commission’s determination of his release date. However, according to our decision in Lowe v. Florida Parole & Probation Comm’n, 416 So.2d 470 (Fla. 2d DCA Apr. 30, 1982), the circuit court did have jurisdiction to review the commission’s action and provide relief if the prisoner demonstrated entitlement thereto.

We therefore reverse and remand for an appropriate determination, pursuant to Lowe.

OTT, C. J., and HOBSON and SCHOON-OVER, JJ., concur.

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417 So. 2d 1178, 1982 Fla. App. LEXIS 28688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-florida-parole-probation-commission-fladistctapp-1982.

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