Supreme Court of Florida, 1994

Scott v. State

Supreme Court of Florida · Decided August 25, 1994 · Grimes, Harding, Kogan, Overton, Shaw, Wells

641 So. 2d 407; 19 Fla. L. Weekly Supp. 411; 1994 Fla. LEXIS 1281; 1994 WL 456624 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Brooks v. Florida Parole Commission (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Jacob Wesley Scott petitions this Court for habeas corpus, which we treat as a petition for writ of mandamus. We have jurisdiction. Art. V, § 3(b)(8), Fla. Const. Scott essentially contends that the Florida Control Release Authority, which is coextensive with the Florida Parole Commission, is required to establish a control release date for him under the provisions of section 947.-146, Florida Statutes (1993). We find this claim without merit, because section 947.-146(3) by its own terms gives the-Authority power to establish such a date only for “parole ineligible” inmates. The bulk of Scott’s offenses are parole-eligible, meaning he is not entitled to control release. The petition accordingly is denied.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.

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