Tranquille v. State

Jean M. TRANQUILLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 12, 2002.

Rehearing Denied October 29, 2002.

District Court of Appeal of Florida · decided 2002-09-12

Cited by 2 later decisions — most recently December 2004

2 state decisions

Relies on 760 So. 2d 888 - Eldridge v. Moore

Good law ✅— No negative treatment on recordhow we know

Decided 2002-09-12

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¶1Appellant, pro se.

¶2Carolyn J. Mosley, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.

¶3WOLF, J.

¶4We 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).

¶5BOOTH and LEWIS, JJ., concur.