Legal Opinion · Dissent

Deason v. State

District Court of Appeal of Florida

Decided February 28, 1997No. 96-458Published

1DissentAllen, Judge

I find myself in agreement with the construction of the statute urged by the appellant. Plainly read, the statutory language means that an inmate will be subject to conditional release when he has both (a) been convicted of a category 1,2, 3, or 4 crime and (b) been given a habitual felony offender sentence or served a prior felony commitment.

I disagree with the majority’s reliance upon tidbits of legislative history to discern “legislative intent.” In my view, the law means what its text most appropriately conveys, and we should content ourselves with reading it rather than psychoanalyzing…

2Cases cited3 opinions

  1. United States v. Public Utilities CommissionSupreme Court of the United States · 1953
  2. Lincoln v. FLORIDA PAROLE COM'NDistrict Court of Appeal of Florida · 1994
  3. Department of Revenue v. John's Island Club, Inc.District Court of Appeal of Florida · 1996

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