State Ex Rel. Rodriguez v. Department of Health & Social Services

This is an appeal from a circuit court’s certiorari review of a probation revocation decision. The circuit court granted Alejandro Rodriguez’s petition, holding that the Department of Health and Social Services had no jurisdiction to revoke because: (1) the agent erroneously informed Rodriguez that he had been released from probation, and (2) Rodriguez never signed any rules of probation so as to violate them.

We reverse because when Rodriguez was initially sentenced, the trial court decreed that the probation be served consecutive to the prison sentence. It transferred custody to the…