SHAWN ROACH, APPELLANT,
v.
ANABEL MITCHELL AND FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEES
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Shawn Roach, an inmate in Florida's Department of Corrections, appealed the denial of a habeas corpus petition challenging his parole revocation on the ground that his parole had expired before revocation occurred. The appellate court affirmed the denial, holding that the Florida Parole and Probation Commission retained jurisdiction to revoke parole despite failing to provide written reasons for extending the parole term beyond the statutory two-year minimum.
The court held that the failure to provide written reasons for an extended parole term does not divest the commission of its statutory authority to impose such a term or result in a loss of jurisdiction over the parolee. The commission had clear authority to determine parole length up to the maximum sentence imposed, and Roach remained under valid parole supervision when revocation occurred.
[1] A parole commission's failure to provide written reasons for an extended parole term does not result in a loss of jurisdiction to revoke parole.
[2] A parolee who signs a certificate of parole with knowledge of its terms and conditions acquiesces to the duration of supervision.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The plain language of section 947.24 clearly empowers the commission to determine the length of an individual's parole. The commission can impose any term up to the maximum period for which a person has been sentenced.”
Establishes the commission's statutory authority to set parole duration regardless of whether written reasons are provided.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1976, Roach was sentenced to ten years imprisonment for robbery. He was granted parole on July 24, 1979, and signed a certificate acknowledging sup…
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GRIMES, Judge.
This is an appeal from the denial of a petition for writ of habeas corpus in which appellant, an inmate in the Florida Department of Corrections system, asserts that his parole had expired prior to its revocation.
In 1976 appellant was sentenced to a term of ten years imprisonment for robbery. Subsequently, he was notified by appellee, Florida Parole and Probation Commission, that he would be granted parole on July 24, 1979. On July 17, 1979, he signed a certificate of parole issued pursuant to section 947.19(1), Florida Statutes (1979), wherein he agreed to thirteen separate conditions of parole supervision as well hs the dates of his term of supervision. Specifically, he acknowledged that he would “remain under supervision subject to the conditions of parole listed on the reverse side of this certificate until January 22nd, 1986, unless otherwise released, or until other action may be taken by the Florida Parole and Probation Commission,” a period of six and one-half years.
Appellant’s parole was revoked in March 1983 for conduct occurring in 1982. After incarceration in Polk County, he filed a petition for writ of habeas corpus in which he contended that he was being illegally detained because his parole had expired in 1981. The court denied appellant’s petition, and he appeals.
Appellant’s argument is predicated upon section 947.24, Florida Statutes (1979), which reads:
947.24 Discharge from parole.— When a person is placed on parole, the commission shall determine the period of time the person shall be on parole, such time not to exceed a maximum period of 2 years unless the commission designates a longer period of time, in which case it will advise the parolee in writing of the reasons for the extended period. In any event, the period of parole shall not exceed the maximum period for which the person has been sentenced. The commission, after having retained jurisdiction of a person for a sufficient length of time to evidence satisfactory rehabilitation and cooperation, may discharge the person from parole, may relieve a person on parole from making further reports, or may permit such person to leave the state or country, upon determination that such action is in the best interests of the person and of society.
Appellant reasons that because he did not receive written or oral reasons for the extension of his parole, the commission lost jurisdiction to subsequently revoke his parole after the initial two years of supervision. We do not accept this contention.
The plain language of section 947.24 clearly empowers the commission to determiné the length of an individual’s parole. The commission can impose any term up to the maximum period for which a person has been sentenced. If the parole period is to be longer than two years, the parolee should be informed in writing of the reasons for the extension. The absence of such written reasons, however, does not result in a loss of the commission’s statutory authority to impose an extended term or in a loss of jurisdiction over the parolee.
Appellant executed the certificate of parole with full knowledge of its contents, acquiescing to both the term and conditions of his parole without reservation. Had he requested a written statement of the reasons for his extended term of parole he surely could have obtained it. He did not seek administrative review pursuant to section 947.19(2), Florida Statutes (1979). He acted only upon violation of the conditions of his parole. Cf. Gallagher v. State, 421 So. 2d 581 (Fla. 5th DCA 1982) (holding that one must attack a condition of his probation by appealing the probation order rather than upon breach of the condition). Since the failure to provide written reasons for the extended term was not jurisdictional, appellant was still on parole at the time of its revocation.
AFFIRMED.
RYDER, C.J., and CAMPBELL, J., concur.
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Gillard v. State, 827 So. 2d 316 (Fla. 1st DCA 2002)…teen years. Although the revocation hearing was conducted on December 16, 1999, which was more than 45 days after his September 30, 1999, arrest, Gillard was still on conditional release supervision at the time of the hearing. See Roach v. Mitchell, 456 So. 2d 963 (Fla. 2d DCA 1984) (failure to follow statutory requirement of advising parolee in writing of reasons for extended supervision was not jurisdictional, and therefore the prisoner was on parole at the time of the revocation). Therefore, the untimely h…
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Whitfield v. State, 715 So. 2d 1140 (Fla. 5th DCA 1998)…PER CURIAM. AFFIRMED on the authority of Roach v. Mitchell, 456 So. 2d 963 (Fla. 2d DCA 1984). DAUKSCH, HARRIS and PETERSON, JJ., concur.…
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Collins v. Hendrickson, 371 F. Supp. 2d 1326 (M.D. Fla. 2005)…la. 1st DCA 1998). Further, Plaintiffs claim is barred by principles of estoppel and waiver in that he waited until after the revocation of his Control Release to complain about his 1991 placement thereon. See Bowles, supra; Roach v. Mitchell, 456 So.2d 963 (Fla. 2d DCA 1984); Gallagher v. State, 421 So.2d 581 (Fla. 5th DCA 1982); Joyner v. State, 594 So.2d 328 (Fla. 2d DCA 1992), approved, 618 So.2d 205 (Fla.1993). Plaintiff has consequently waived any ex post facto claim he ma…1 / 2
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- Gallagher v. State, 421 So. 2d 581 (Fla. 5th DCA 1982)