Jongewaard v. State, 5D02-246.
| Decision Date | 30 August 2002 |
| Docket Number | No. 5D02-246.,5D02-246. |
| Citation | 824 So.2d 1009 |
| Parties | Larry JONGEWAARD, Petitioner, v. STATE of Florida, et al., Respondent. |
| Court | Florida District Court of Appeals |
824 So.2d 1009
Larry JONGEWAARD, Petitioner,v.
STATE of Florida, et al., Respondent
No. 5D02-246.
District Court of Appeal of Florida, Fifth District.
August 30, 2002.
No Appearance for Respondent, State of Florida.
Mark J. Hiers, Assistant General Counsel, for Florida Parole Commission, Tallahassee, for Respondent, Florida Parole Commission.
ORFINGER, R.B., J.
Larry Jongewaard seeks certiorari review of a trial court order denying his petition for writ of habeas corpus. In his habeas petition, Jongewaard contended that he had been improperly classified as a conditional releasee upon his release from prison, and that as a result, his return to prison upon the Florida Parole Commission's determination that he had violated the terms of his conditional release was unlawful. Because we agree that the law was incorrectly applied, we grant the petition for writ of certiorari.
In 1989, Jongewaard was adjudicated guilty of attempted second degree murder and sentenced to seven years in prison followed by five years of probation. After being released from prison, Jongewaard violated his probation and was returned to prison for twelve years with credit for time served. In 1999, Jongewaard was released on conditional release supervision. He was returned to prison in 2001 after his release was revoked, following the Commission's determination that he had violated the terms of his conditional release.
Conditional release is a creature of statute. Section 947.1405, Florida Statutes (1989),1 provides, in pertinent part, that conditional release applies to:
(2) Any inmate who is convicted of a crime committed on or after October 1, 1988, which crime is contained in category 1, category 2, category 3 or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who has served at least one prior felony commitment at a state or federal correctional institution or is sentenced as a habitual or violent habitual offender pursuant to s. 775.084 shall, upon reaching the tentative release date or provisional release date, whichever is earlier, as established by the Department of Corrections, be released under supervision subject to specified terms and conditions....
Jongewaard contends that the Commission improperly classified him as a conditional releasee on his...
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