Florida Parole & Probation Commission v. Alby

MOORE, Judge.

The Florida Parole and Probation Commission appeals an order granting appellee’s petition for writ of habeas corpus and the denial of its (the Commission’s) motion for writ of prohibition. We reverse the former and affirm the latter.

In granting the petition for writ of habe-as corpus the trial court relied upon Carson v. Bishop, 378 So.2d 882 (Fla. 1st DCA 1979), cert. denied, 386 So.2d 634 (Fla.1980), which we recently specifically rejected in State v. Sylvester, 401 So.2d 1123 (Fla. 4th DCA 1981). The trial court did not have the benefit of our opinion in Sylvester at the time…