Summary
acknowledging that there is no entitlement to credit for time spent on conditional release
Summary of this case from Napier v. Fla. Parole Comm'nOpinion
No. 97-547.
August 22, 1997.
Appeal from the Circuit Court for Marion County, Raymond T. McNeal, J.
Mozell Fleming, Lowell, pro se.
Susan Schwartz, Assistant General Counsel, Tallahassee, for Appellee Department of Corrections.
No Appearance for Appellee State of Florida.
Appellant appeals the lower court's denial of his petition for writ of habeas corpus. The state appears to be correct that the writ was properly denied because resolution of the issue raised in appellant's favor would not entitle him to immediate release. Moreover, we see no merit to appellant's claim. Appellant contends, in essence, that he is entitled to credit for time served while he was out of prison as a conditional releasee. Apparently, he violated the conditions of his release and was re-incarcerated. His argument is predicated on the existence of section 944.275 (2)(c), Florida Statutes (1995), which expressly allows extension of release dates for probation violators and escapees but does not mention those who violate their conditions of conditional release. He fails to consider that the sentence he received for his crimes is a term of years, not a specific release date. Moreover, section 947.141 (4) expressly provides that upon revocation of conditional release, the prisoner may be returned to prison to serve the sentence imposed.
The Conditional Release Program Act is contained, in section 947.1405, Florida Statutes (1995).
AFFIRMED.
THOMPSON and ANTOON, JJ., concur.