07-2748 DAVID E. JACKSON v. FLORIDA PAROLE COMMISSION

State: Florida

Court: Florida First District Court

Docket No: 07-2748

Case Date: 12/17/2007

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DAVID E. JACKSON, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent. ______________________________/ Opinion filed December 17, 2007. Petition for Writ of Certiorari -- Original Jurisdiction. David E. Jackson, pro se, Petitioner. Kim M. Fluharty, General Counsel, and Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D07-2748

PER CURIAM. Petitioner seeks certiorari review of the denial of a petition for writ of habeas corpus under Sheley v. Florida Parole Commission, 720 So. 2d 216 (Fla. 1998).

Because the facts of this case are substantially similar to Mathis v. Florida Parole Commission, 944 So. 2d 1182 (Fla. 1st DCA 2006), we grant the petition for writ of certiorari. The Florida Parole Commission issued a warrant charging petitioner with violating the terms of conditional release supervision. The hearing examiner found petitioner guilty of violating a special condition of supervision by driving alone without the approval of his conditional release officer. Based on that finding, the Parole Commission revoked petitioner's conditional release. Neither the hearing examiner's disposition recommendation nor the Parole Commission's revocation order contained a finding that petitioner's action constituted a willful violation of a substantial condition of conditional release supervision. In Mathis, this court held that absent such a finding, the circuit court could not have reviewed the proceedings and determined that they were supported by competent substantial evidence and, because the circuit court did not apply the correct law, it could not have observed the essential requirements of the law. Accord Houck v. Fla. Parole Comm'n, 953 So. 2d 692 (Fla. 1st DCA 2007). Accordingly, we grant the petition for writ of certiorari, quash the circuit court's order and remand for further proceedings. BROWNING, C.J., KAHN and ROBERTS, JJ., CONCUR. 2

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