Logan v. State, No. 5D06-4072.

CourtCourt of Appeal of Florida (US)
Writing for the CourtLawson
Citation964 So.2d 209
PartiesDavid S. LOGAN, Appellant, v. STATE of Florida, et al., Appellee.
Decision Date24 August 2007
Docket NumberNo. 5D06-4072.
964 So.2d 209
David S. LOGAN, Appellant,
v.
STATE of Florida, et al., Appellee.
No. 5D06-4072.
District Court of Appeal of Florida, Fifth District.
August 24, 2007.

David S. Logan, Orlando, pro se.

Bradley R. Bischoff, of Florida Parole Commission, Tallahassee, for Appellee, Florida Parole Commission.

No appearance for Appellee, State of Florida.

LAWSON, J.


David S. Logan appeals from an order denying his petition for writ of habeas

964 So.2d 210

corpus. In his petition, Logan sought to challenge the Florida Parole Commission's determination that he was to be released from prison to conditional release supervision pursuant to section 947.1405, Florida Statutes (2006). Finding that habeas was not the proper remedy (since Logan was not seeking to test the legality of his then-current imprisonment), the trial court denied the petition without considering Logan's challenge to the conditional release supervision determination.1 We have treated Logan's petition as seeking the appropriate remedy, have considered it on the merits, and find that Logan is not entitled to relief. Therefore, we affirm.

Conditional release "is an additional post-prison supervision program for certain types of offenders that the legislature has determined to be in need of further supervision after release." Rivera v. Singletary, 707 So.2d 326, 327 (Fla.1998). The conditional release statute was enacted in 1988. Ch. 88-122, §§ 10, 19-20, Laws of Florida. Prior to enactment of this statute, when an inmate was released from state custody before the end of the pronounced prison term based upon the application of "gain time," the sentence simply expired and the prisoner was considered to have completed his or her sentence in full. Lincoln v. Florida Parole Commission, 643 So.2d 668, 670 (Fla. 1st. DCA 1994). The same is true today for inmates who do not meet the criteria for conditional release. Id. However, inmates who do meet the statutory conditional release criteria are released to community supervision for a period equal to the amount of gain time earned while incarcerated. Mayes v. Moore, 827 So.2d 967, 971-972 (Fla.2002). If they violate a condition of release prior to the expiration of their full, pronounced prison term, gain time and release are revoked and they may be re-incarcerated for the balance of their sentence. Id.

A prisoner or releasee who is not claiming entitlement to immediate release from incarceration may challenge the Parole Commission's...

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6 practice notes
  • USA v. Franklin, Case No. 2:07-cr-58-FtM-29DNF.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 22 Junio 2010
    ...for a period equal to the amount of the gain time earned while incarcerated. See Fla. Stat. § 947.1405(2) (2000); Logan v. State, 964 So.2d 209, 210 (Fla. 5th DCA 2007). The specific terms and conditions of a defendant's conditional release are set by the Florida Parole Commission after an ......
  • Crump v. State, No. 3D13–2993.
    • United States
    • Court of Appeal of Florida (US)
    • 2 Abril 2014
    ...equal to the amount of gain time the prisoner earned while in prison. See§ 947.1405, Fla. Stat. (2008); [137 So.3d 1150]Logan v. State, 964 So.2d 209 (Fla. 5th DCA 2007). The Florida Parole Commission oversees the program, and retains jurisdiction over the defendant until his or her conditi......
  • Larson v. State, Case No. 2D17–336
    • United States
    • Court of Appeal of Florida (US)
    • 20 Abril 2018
    ...period of time equal to the amount of gain time the prisoner earned while in prison. See § 947.1405, Fla. Stat. (2008) ; Logan v. State, 964 So.2d 209 (Fla. 5th DCA 2007). The Florida Parole Commission oversees the program, and retains jurisdiction over the defendant until his or her condit......
  • Smith v. Dep't of Corr., Case No. 2D17–3409
    • United States
    • Court of Appeal of Florida (US)
    • 1 Junio 2018
    ...from the Commission.Any one of the alleged violations would have been sufficient to revoke his conditional release. See Logan v. State, 964 So.2d 209, 210 (Fla. 5th DCA 2007) (observing that when a conditional releasee "violate[s] a condition of release prior to the expiration of their full......
  • Request a trial to view additional results
6 cases
  • USA v. Franklin, Case No. 2:07-cr-58-FtM-29DNF.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 22 Junio 2010
    ...for a period equal to the amount of the gain time earned while incarcerated. See Fla. Stat. § 947.1405(2) (2000); Logan v. State, 964 So.2d 209, 210 (Fla. 5th DCA 2007). The specific terms and conditions of a defendant's conditional release are set by the Florida Parole Commission after an ......
  • Crump v. State, No. 3D13–2993.
    • United States
    • Court of Appeal of Florida (US)
    • 2 Abril 2014
    ...equal to the amount of gain time the prisoner earned while in prison. See§ 947.1405, Fla. Stat. (2008); [137 So.3d 1150]Logan v. State, 964 So.2d 209 (Fla. 5th DCA 2007). The Florida Parole Commission oversees the program, and retains jurisdiction over the defendant until his or her conditi......
  • Larson v. State, Case No. 2D17–336
    • United States
    • Court of Appeal of Florida (US)
    • 20 Abril 2018
    ...period of time equal to the amount of gain time the prisoner earned while in prison. See § 947.1405, Fla. Stat. (2008) ; Logan v. State, 964 So.2d 209 (Fla. 5th DCA 2007). The Florida Parole Commission oversees the program, and retains jurisdiction over the defendant until his or her condit......
  • Smith v. Dep't of Corr., Case No. 2D17–3409
    • United States
    • Court of Appeal of Florida (US)
    • 1 Junio 2018
    ...from the Commission.Any one of the alleged violations would have been sufficient to revoke his conditional release. See Logan v. State, 964 So.2d 209, 210 (Fla. 5th DCA 2007) (observing that when a conditional releasee "violate[s] a condition of release prior to the expiration of their full......
  • Request a trial to view additional results

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