5D06-4072 David Logan v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-4072

Case Date: 08/20/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007

DAVID S. LOGAN, Appellant, v. STATE OF FLORIDA, ET AL., Appellee. ________________________________/ Opinion filed August 24, 2007 Appeal from the Circuit Court for Marion County, Jack Singbush, Judge. 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. CASE NO. 5D06-4072

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

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