ANTONIO DURRELL PRESSLEY, PETITIONER,
v.
HARRY K. SINGLETARY, ETC., ET AL., RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Parole Commission cannot transfer an inmate's Conditional Release supervision to the end of their overall sentence for offenses committed before the 1997 amendment, regardless of gain time accrued.
The Parole Commission sought rehearing of an order directing them to comply with precedent regarding inmate Pressley's Conditional Release supervision…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Gain Time Calculation cases and more on FLexlaw
Petitioner seeks a writ of habeas corpus asserting that the respondents have erroneously calculated his release date under section 947.1405 by using a non-qualified offense in the calculation. We recently addressed this issue in Parole Commission v. Cooper, 701 So. 2d 543 (Fla.1997), in which we answered the following certified question in the negative.
WHEN AN INMATE WHO IS SERVING CONCURRENT SENTENCES IS RELEASED AFTER ACCRUING SUFFICIENT GAIN TIME AND HIS RELEASE ON ONE OR MORE OF THOSE SENTENCES IS CONDITIONAL UNDER SECTION 947.1405, FLORIDA STATUTES, IS HIS RELEASE STATUS REVOKED AS TO ALL THE CONCURRENT SENTENCES, INCLUDING THE SENTENCES IMPOSED FOR OFFENSES THAT DID NOT QUALIFY FOR CONDITIONAL RELEASE?
We hereby grant the petition insofar as the relief requested is warranted pursuant to our opinion in Cooper. Because we trust that the respondents will fully comply with the dictates of this order and our opinion in Cooper, we withhold issuance of the writ. Any alternative relief sought in the petition is hereby denied.
It is so ordered.
KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
The Parole Commission seeks rehearing on the Court’s order of December 30, 1997. In Parole Commission v. Cooper, 701 So. 2d 543 (Fla.1997), the Court held that the State could only place an inmate on Conditional Release supervision for a period of time determined by the Conditional Release eligible sentence, and that upon revocation of Conditional Release, only the gain time for the Conditional Release eligible sentence could be forfeited.
In its order of December 30, 1997, this Court directed Respondents to comply with Cooper as concerns Pressley’s case. The Commission has filed a motion for rehearing, arguing that Pressley’s case is distinguishable because, in contrast to Cooper, Pressley did accrue some gain time on his Conditional Release sentence. Pressley has filed a motion to strike the Commission’s affidavit concerning actual gain time awarded. The motion to strike is denied.
While this Court did mention that Cooper had satisfied his entire robbery sentence without any gain time, the essential holding of Cooper was that the Commission may not transfer the Conditional Release supervision from an expired Conditional Release sentence to the end of the inmate’s overall sentence and determine the length of that supervision by the gain time awarded and the length of the sentence(s) in the non-Conditional Release eligible case(s). 701 So. 2d at 545. The Commission may only transfer the supervision to the end of the overall sentence for offenses committed after the 1997 amendment to the Conditional Release statute. See § 947.1405(2), Fla. Stat. (1997).
The fact that Pressley may have received some gain time which helped him satisfy his robbery sentence is irrelevant to the main issue. The Court finds that Pressley’s case is controlled by Cooper.
Accordingly, this Court denies the Commission’s motion for rehearing. Pressley’s notice of exigent circumstances and motion for emergency relief are also denied.
KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Evans v. Singletary, 737 So. 2d 505 (Fla. 1999)…me he had previously been awarded on the manslaughter sentence. Evans asserts in his petition that both the Department of Corrections and the Parole Commission are refusing to comply with this Court’s decisions in Cooper and Pressley v. Singletary, 724 So. 2d 97 (Fla.1997). Evans asserts that under Cooper and Pressley, his sentences have expired. Therefore, he reasons that when he was released, his release should not have been made conditional upon his complying with certain terms and conditions but, rather…1 / 2
-
Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr., 768 So. 2d 1257 (Fla. 1st DCA 2000)…complaint alleges, the last lawful date of conditional release supervision for Mr. Andrews was September 12, 1994. See Evans v. Singletary, 737 So. 2d 505, 507 (Fla. 1999) ("This Court held in Cooper and further clarified in Pressley [v. Singletary, 724 So. 2d 97 (Fla.1997)] that the State could place an inmate on Conditional Release supervision for a period of lime determined only by the eligible sentence....”); Parole Commission v. Cooper, 701 So. 2d 543, 545 (Fla.1997) (holding that "an inmate's last date…
-
Bolden v. Fla. Dep't OF Corr., 865 So. 2d 1 (Fla. 1st DCA 2002)…e differing provisions as permitting the Florida Parole Commission [*5] to “only transfer the supervision to the end of the overall sentence for offenses committed after the 1997 amendment to the Conditional Release statute.” Pressley v. Singletary, 724 So. 2d 97, 98 (Fla.1997). We conclude that Evans, Savage, Bradley, Brooks, and the 1991 version of section 947.1405(2) do not support tolling of Bol-den’s conditional-release supervision on the shotgun charge while he continued serving the incarcerative sent…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Parole Comm'n v. Cooper, 701 So. 2d 543 (Fla. 1997)