WILLIE F. JONES, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE

Fla. 4th DCA | 2009-03-04
No. 4D08-5206
WARNER, FARMER and HAZOURI, JJ., concur.
4 So. 3d 91 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 1 case

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Holding

The circuit court did not err in dismissing the habeas corpus petition as untimely.


Facts & Procedural History

Jones challenged his 1990 parole revocation via a habeas corpus petition filed in November 2008. The circuit court dismissed the petition as untimely.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Willie F. Jones (Jones) filed a petition for writ of certiorari in this court, challenging an order dismissing his petition for writ of habeas corpus, filed in the circuit court in November 2008, in which he challenged the revocation of his parole, which occurred in 1990.

We redesignate the certiorari proceeding as an appeal, see Cooper v. Fla. Parole Comm’n, 924 So.2d 966, 967 n. 1 (Fla. 4th DCA 2006), rev. pending, No. SC06-1236 (Fla. June 21, 2006); Roth v. Crosby, 884 So.2d 407, 408 n. 2 (Fla. 2d DCA 2004); Green v. Moore, 777 So.2d 425, 426 (Fla. 1st DCA 2000), and treat the petition as Jones’ initial brief.

We summarily affirm, pursuant to Florida Rule of Appellate Procedure 9.315(a), concluding that the circuit court did not err in dismissing the habeas corpus petition as untimely. See § 95.11(5)(f), Fla. Stat. (2008); Smith v. Fla. Parole Comm’n, 987 So.2d 229 (Fla. 4th DCA 2008); Cooper, 924 So.2d at 967.

As we did in Smith, we certify conflict with Martin v. Florida Parole Commission, 951 So.2d 84 (Fla. 1st DCA 2007), rev. dismissed, 957 So.2d 635 (Fla.2007), and Carpenter v. Florida Parole Commission, 958 So.2d 564 (Fla. 2d DCA 2007).

Redesignated as an appeal and Affirmed; Conflict Certified.

WARNER, FARMER and HAZOURI, JJ., concur.


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  • Jones v. Fla. Parole Comm'n, 48 So. 3d 704 (Fla. 2010)
    …PER CURIAM. This case is before the Court for review of the decision of the Fourth District Court of Appeal in Jones v. Florida Parole Commission, 4 So. 3d 91 (Fla. 4th DCA 2009). The district court certified that its decision is in direct conflict with the decisions of the First and Second District Courts of Appeal in Martin v. Florida Parole Commission, 951 So. 2d 84 (Fla. 1st DCA 2007), and Carpenter v…
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