Florida District Courts of Appeal, 2009

Hurley v. State

Hurley v. State
Florida District Courts of Appeal · Decided June 17, 2009 · Gersten, Cope, Rothenberg
13 So. 3d 524; 2009 Fla. App. LEXIS 7621; 2009 WL 1675907 (Southern Reporter, Third Series)

Hurley v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Chandler v. State, 1 So.3d 284 (Fla. 2d DCA 2009).

Concurring Opinion

COPE, J.

(concurring).

In his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, Randolph Hurley states that he pled guilty to the offense of first-degree murder in 1993. Based on the trial court case number, apparently the 1991 Florida Statutes are applicable. Under the 1991 statutes, a defendant sentenced to life imprisonment for first-degree murder is eligible for parole after serving twenty-five years. § 775.082(1), Fla. Stat. (1991).

The defendant’s motion confuses parole (for which he apparently is eligible) with control release (for which he is apparently not eligible). See id. § 947.146(4)(i). The defendant should contact the Parole Commission regarding his parole eligibility.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.