Rivera v. Singletary, No. 91379
| Court | United States State Supreme Court of Florida |
| Writing for the Court | PER CURIAM; KOGAN |
| Citation | 707 So.2d 326 |
| Parties | Abel RIVERA, Petitioner, v. Harry K. SINGLETARY, etc., et al., Respondents. |
| Decision Date | 19 February 1998 |
| Docket Number | No. 91379 |
Page 326
v.
Harry K. SINGLETARY, etc., et al., Respondents.
Abel Rivera, pro se, Panama City, for Petitioner.
Louis A. Vargas, General Counsel; and MaryEllen McDonald, Assistant General Counsel, Tallahassee, for Respondent Florida Department of Corrections.
William L. Camper, General Counsel; and Kim M. Fluharty, Assistant General Counsel, Tallahassee, for Respondent Florida Parole Commission.
Clifford C. Higby of Bryant and Higby, Chartered, Panama City, for Respondent Cody Graham.
PER CURIAM.
Abel Rivera petitions this Court for a writ of habeas corpus. We have jurisdiction. Art. V, § 3(b)(9), Fla. Const. This case is controlled by our recent decision in Gay v. Singletary, 700 So.2d 1220 (Fla.1997). Accordingly, we deny the petition.
As did petitioner Gay, petitioner Rivera argues that neither the Department of Corrections nor the Florida Parole Commission (hereinafter the Commission) has authority to deny him credit for time spent on supervised release because neither section 944.275, (describing how the Department of Corrections is to determine inmate release dates) nor section 947.21, Florida Statutes (1997) (giving the Parole Commission specific authority to grant or deny credit for time spent on parole ), has ever specifically addressed such credit when a type of supervised release other than parole is revoked. Thus, Rivera maintains that, under the doctrine of inclusio unius est exclusio alterius, the State lacks authority to deny him credit. This is essentially the same argument that was advanced in Gay v. Singletary, 700 So.2d at 1220. The only difference between Gay's case and this case is that in Gay the supervised release was Control Release. See § 947.146, Fla. Stat. (1995). In this case, the supervised release is Conditional Release. See § 947.1405, Fla. Stat. (Supp.1992). 1 Both
Page 327
Control Release and Conditional Release are programs administered by the Commission and have been in effect for nearly a decade. 2 Since its inception, Control Release has always been an early release program which is activated by prison overcrowding. See § 947.146, Fla. Stat. (1997). Conditional Release, on the other hand, has never been an early release program, but rather 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. See §...To continue reading
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Suggs v. Fla. Parole Comm'n, CASE NO. 14-60310-Civ-GAYLES
...types of offenders that the legislature has determined to be in need of further supervision after release." Rivera v. Singletary, 707 So.2d 326 1998 (Fla. 1998). The legislature granted the Florida Parole Commission the authority and discretion to impose any special conditions of super......
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Ellard v. Fla. Comm'n of Offender Review, 3:20cv5520/MCR/EMT
...releases because of their threat to public safety); Duncan v. Moore, 754 So.2d 708, 710 (Fla. 2000), citing Rivera v. Singletary, 707 So.2d 326, 327 (Fla. Lincoln v, Fla. Parole Comm'n, 643 So.2d 668, 669 (Fla. 1st DCA 1994) (conditional release was legislatively designed “to prevent certai......
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Department of Revenue v. Nemeth, No. 89,909.
...appellate court's jurisdiction when questions raised are of great public importance or likely to recur"); Rivera v. Singletary, 707 So.2d 326, 327 n. 6 (Fla.1998) (same); Holly v. Auld, 450 So.2d 217, 223 n. 1 (Fla.1984) 6. If the refund is claimed on any other basis, there must be com......
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Drago v. Sec'y, Dep't of Corrs., 8:21-cv-865-MSS-SPF
...on [c]onditional [r]elease when that release is revoked due to a violation of the terms and conditions of release.” Rivera v. Singletary, 707 So.2d 326, 327 1998).2 This is, in part, because “[c]onditional [r]elease . . . has never been an early release program, but rather an additional pos......
-
Suggs v. Fla. Parole Comm'n, CASE NO. 14-60310-Civ-GAYLES
...types of offenders that the legislature has determined to be in need of further supervision after release." Rivera v. Singletary, 707 So.2d 326 1998 (Fla. 1998). The legislature granted the Florida Parole Commission the authority and discretion to impose any special conditions of super......
-
Ellard v. Fla. Comm'n of Offender Review, 3:20cv5520/MCR/EMT
...releases because of their threat to public safety); Duncan v. Moore, 754 So.2d 708, 710 (Fla. 2000), citing Rivera v. Singletary, 707 So.2d 326, 327 (Fla. Lincoln v, Fla. Parole Comm'n, 643 So.2d 668, 669 (Fla. 1st DCA 1994) (conditional release was legislatively designed “to prevent certai......
-
Department of Revenue v. Nemeth, No. 89,909.
...appellate court's jurisdiction when questions raised are of great public importance or likely to recur"); Rivera v. Singletary, 707 So.2d 326, 327 n. 6 (Fla.1998) (same); Holly v. Auld, 450 So.2d 217, 223 n. 1 (Fla.1984) 6. If the refund is claimed on any other basis, there must be com......
-
Drago v. Sec'y, Dep't of Corrs., 8:21-cv-865-MSS-SPF
...on [c]onditional [r]elease when that release is revoked due to a violation of the terms and conditions of release.” Rivera v. Singletary, 707 So.2d 326, 327 1998).2 This is, in part, because “[c]onditional [r]elease . . . has never been an early release program, but rather an additional pos......