Gillard v. State, No. 1D01-4601.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation827 So.2d 316
PartiesHoward GILLARD, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 1D01-4601.
Decision Date12 September 2002

827 So.2d 316

Howard GILLARD, Appellant,
v.
STATE of Florida, Appellee

No. 1D01-4601.

District Court of Appeal of Florida, First District.

September 12, 2002.

Rehearing Denied October 10, 2002.


827 So.2d 317
Appellant, pro se

Mark J. Hiers, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Appellee.

PER CURIAM.

Howard Gillard appeals from an order denying his petition for writ of habeas corpus. In the petition below, he challenged the revocation of his conditional release by contending that the Florida Parole Commission was without jurisdiction to conduct the revocation hearing beyond the 45-day time period in section 947.141(2), Florida Statutes (1991). Because we determine that the time period in section 947.141(2) is not jurisdictional and that the delay was not prejudicial, we affirm.

Under section 947.1405(6), Florida Statutes (1991), the Commission has jurisdiction over Gillard until December 12, 2007, which is the date his conditional release supervision terminates. The Commission is authorized to establish the length and conditions of the supervision, as long as the length does not exceed the maximum penalty imposed by the sentencing court. In the present case, the appellant was sentenced in 1992 to a term of fifteen years. Although the revocation hearing was conducted on December 16, 1999, which was more than 45 days after his September 30, 1999, arrest, Gillard was still on conditional release supervision at the time of the hearing. See Roach v. Mitchell, 456 So.2d 963 (Fla. 2d DCA 1984) (failure to follow statutory requirement of advising parolee in writing of reasons for extended supervision was not jurisdictional, and therefore the prisoner was on parole at the time of the revocation). Therefore, the untimely hearing did not affect the Commission's jurisdiction.

Section 947.141(2) is silent as to the consequences of a revocation hearing conducted in violation of the 45-day time period. The statute provides, in pertinent part, that "[w]ithin 45 days after the arrest of a releasee charged with a violation of the terms and conditions of conditional release, the releasee must be afforded a hearing conducted by a commissioner or a duly authorized representative thereof." Nothing in the statute provides that the failure to timely conduct a conditional release supervision revocation hearing is jurisdictional.

In general, revocation hearings are governed by due process considerations and are subject to the...

To continue reading

Request your trial
7 practice notes
  • Collins v. Hendrickson, No. 8:02 CV 1438 T 27MSS.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • January 26, 2005
    ...interest is subject to revocation. Id. In Florida, revocation hearings are governed by due process considerations. See Gillard v. State, 827 So.2d 316 (Fla. 1st DCA 2002) (citing Morrissey, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 As the Magistrate Judge correctly observed, Fla. Stat. § ......
  • Brown v. McNeil, Case No. 3:05-cv-86-32TEM.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • May 14, 2008
    ...Amendment as is accorded to probationers or parolees facing re-incarceration before he can be deprived of them. See Gillard v. State, 827 So.2d 316, 317 (Fla. 1st DCA 2002) (holding that due process considerations articulated in Morrissey apply in context of conditional release supervision ......
  • Suggs v. Fla. Parole Comm'n, CASE NO. 14-60310-Civ-GAYLES
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • December 2, 2014
    ...408Page 15U.S. at 489. In Florida, revocation hearings are governed by the same due process considerations. See Gillard v. State, 827 So.2d 316 (Fla. 1 DCA 2002)(citing Morrissey, 408 U.S. 471 (1972)). Petitioner is not entitled to relief on his claims challenging the decision to place him ......
  • Crump v. State, No. 3D13–2993.
    • United States
    • Court of Appeal of Florida (US)
    • April 2, 2014
    ...the program, and retains jurisdiction over the defendant until his or her conditional release supervision terminates. Gillard v. State, 827 So.2d 316, 317 (Fla. 1st DCA 2002). During that time, upon violation of any of the terms and conditions of release, the Commission may revoke the condi......
  • Request a trial to view additional results
7 cases
  • Collins v. Hendrickson, No. 8:02 CV 1438 T 27MSS.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • January 26, 2005
    ...interest is subject to revocation. Id. In Florida, revocation hearings are governed by due process considerations. See Gillard v. State, 827 So.2d 316 (Fla. 1st DCA 2002) (citing Morrissey, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 As the Magistrate Judge correctly observed, Fla. Stat. § ......
  • Brown v. McNeil, Case No. 3:05-cv-86-32TEM.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • May 14, 2008
    ...Amendment as is accorded to probationers or parolees facing re-incarceration before he can be deprived of them. See Gillard v. State, 827 So.2d 316, 317 (Fla. 1st DCA 2002) (holding that due process considerations articulated in Morrissey apply in context of conditional release supervision ......
  • Suggs v. Fla. Parole Comm'n, CASE NO. 14-60310-Civ-GAYLES
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • December 2, 2014
    ...408Page 15U.S. at 489. In Florida, revocation hearings are governed by the same due process considerations. See Gillard v. State, 827 So.2d 316 (Fla. 1 DCA 2002)(citing Morrissey, 408 U.S. 471 (1972)). Petitioner is not entitled to relief on his claims challenging the decision to place him ......
  • Crump v. State, No. 3D13–2993.
    • United States
    • Court of Appeal of Florida (US)
    • April 2, 2014
    ...the program, and retains jurisdiction over the defendant until his or her conditional release supervision terminates. Gillard v. State, 827 So.2d 316, 317 (Fla. 1st DCA 2002). During that time, upon violation of any of the terms and conditions of release, the Commission may revoke the condi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT