David v. Meadows, 1D03-4479.
Decision Date | 18 August 2004 |
Docket Number | No. 1D03-4479.,1D03-4479. |
Citation | 881 So.2d 653 |
Parties | Monica DAVID, Chairman, Florida Parole Commission, Petitioner, v. Hershel B. MEADOWS, a/k/a Hector Bige Meadows, a/k/a Jasson Lloyd Cordey, a/k/a David Adams, Respondent. |
Court | Florida District Court of Appeals |
Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Petitioner.
Bernard F. Daley, Jr., Law Office of Bernard F. Daley, Jr., Tallahassee, for Respondent.
Petitioner Monica David, Chairman of the Florida Parole Commission, seeks review of the trial court's order granting Respondent Hershel Meadows' petition for writ of prohibition. The trial court's order states:
Emphasis and footnotes added.
In short, the trial court ruled as a matter of law that offenders cannot simultaneously be on conditional release and civilly committed under the Jimmy Ryce Act and that the terms of conditional release may be tolled during the period of civil commitment. We disagree.
The trial court ruled that offenders cannot be on conditional release while committed under the Jimmy Ryce Act because the applicable statutes do not permit it. This ruling was in error because there are no restrictions found in the Conditional Release Program Act and the Jimmy Ryce Act that prohibit simultaneous compliance. In Bolden v. Florida Department of Corrections, 865 So.2d 1 (Fla. 1st DCA 2003) (granting petition for writ of certiorari to review an order denying a petition for mandamus), this court held that Bolden's conditional release supervision should not be tolled even though he was continuing to serve the incarcerative sentences for other convictions. The court in Bolden stated that tolling was not appropriate because "there is no windfall to Bolden in that he was not given the benefit of freedom, albeit subject to supervision, as a result of the additional gain time earned on the shotgun offense, because he remained incarcerated on the related assault and battery offenses." Id. at 4. The same rationale applies to Meadows because he was not given the benefit of freedom, subject to supervision. If a defendant may complete his conditional release supervision while in prison, he should be permitted to complete it while civilly committed. Cf. State v. Harris, 29 Fla. L. Weekly S230, S231, S232 n. 4, 2004 WL 1064790, ___ So.2d ___, ___, ___ n. 4 ( ). See also Mayes v. Moore, 827 So.2d 967, 972 (Fla.2002) ...
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Sutton v. Florida Parole Com'n
...so as not to unconstitutionally extend the sentence imposed.9 The interplay between JRA and CRPA was the subject of David v. Meadows, 881 So.2d 653 (Fla. 1st DCA 2004). The issue there was whether the State could, as here, use CRPA to "release" a prisoner into a JRA proceeding. The court he......
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Department of Corrections v. Williams, Case No. 2D04-1077 (FL 12/29/2004), Case No. 2D04-1077.
...Circuit Court in and for Leon County in a case involving "almost identical facts," which was then pending appeal. See David v. Meadows, 881 So. 2d 653 (Fla. 1st DCA 2004) (quashing a writ of prohibition directed against the 3. Appeal, not certiorari, is the appropriate method of our review.......
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Department of Corrections v. Williams, 2D04-1077.
...Circuit Court in and for Leon County in a case involving "almost identical facts," which was then pending appeal. See David v. Meadows, 881 So.2d 653 (Fla. 1st DCA 2004) (quashing a writ of prohibition directed against the Commission). 3. Appeal, not certiorari, is the appropriate method of......
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PAROLE COM'N v. Smith, 2D04-2735.
...Act does not prohibit the Parole Commission from subjecting a detainee to the provisions of the Release Act. See David v. Meadows, 881 So.2d 653, 654 (Fla. 1st DCA 2004). Although the legislature could have provided that conditional release supervision would not apply to persons who are civ......