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Tranquille v. State

District Court of Appeal of Florida, First District
Sep 12, 2002
828 So. 2d 1034 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 1D01-0797

Opinion filed September 12, 2002. Rehearing Denied October 29, 2002.

An appeal from the Circuit Court for Jackson County. Judy Pittman, Judge.

Appellant, pro se.

Carolyn J. Mosley, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.


We reverse the order denying the habeas corpus petition with directions for appellant's immediate release. Unlike the circumstances in Eldridge v. Moore, 760 So.2d 888 (Fla. 2000), the Appellant was serving a probationary split sentence in part for crimes committed before October 1, 1989. Therefore, the Department of Corrections had no authority to add days to the sentence imposed by the trial court as a forfeiture penalty upon Appellant's revocation of probation. See § 944.28(1), Fla. Stat. (1989).

BOOTH and LEWIS, JJ., concur.


Summaries of

Tranquille v. State

District Court of Appeal of Florida, First District
Sep 12, 2002
828 So. 2d 1034 (Fla. Dist. Ct. App. 2002)
Case details for

Tranquille v. State

Case Details

Full title:JEAN M. TRANQUILLE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Sep 12, 2002

Citations

828 So. 2d 1034 (Fla. Dist. Ct. App. 2002)

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