JEAN M. TRANQUILLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JEAN M. TRANQUILLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
828 So. 2d 1034
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
WOLF, J.
We reverse the order denying the habe-as 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Larimore v. Fla. Dep't OF Corr., 910 So. 2d 847 (Fla. 1st DCA 2004)…888 (Fla.2000). We conclude that since one of Lari-more’s crimes occurred prior to the effective date of the 1989 amendment to section 944.28 authorizing the forfeiture of gain-time upon revocation of probation, our decision in Tranquille v. State, 828 So. 2d 1034 (Fla. 1st DCA 2002), rev. denied, 845 So. 2d 889 (Fla.2003), bars DOC from applying that amendment in calculating Lari-more’s Tripp credit. However, because this results in Larimore necessarily receiving 15 years of credit towards his five-year sent…
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Gibson v. Fla. Dep't OF Corr., 828 So. 2d 422 (Fla. 1st DCA 2002)…OF CERTIO-RARI DENIED. LEWIS, J., concurs with opinion; BENTON, J., dissents with opinion. . All of Gibson's offenses occurred after October 1, 1989, and the applicability of section 944.28(1) is thus not in question. Compare Tranguille v. State, 828 So. 2d 1034 (Fla. 1st DCA 2002). . A probationary split sentence is defined as a sentence consisting of “a period of confinement, none of which is suspended, followed by a period of probation." See Poore v. State, 531 So. 2d 161, 164 (Fla.1988).…
Authorities Cited
- Eldridge v. Moore, 760 So. 2d 888 (Fla. 2000)