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STATE, FLA. PAROLE & PROBATION COM'N v. LEE

No. 44815.

327 So.2d 197 (1976)

STATE of Florida ex rel. FLORIDA PAROLE AND PROBATION COMMISSION, AND J.M. Crevasse, jR., aS sHERIFF IN AND FOR aLACHUA cOUNTY, fLORIDA, aPPELLANTS, v. James William LEE, Appellee.

Supreme Court of Florida.

February 11, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellants.

Robert A. Harper, Jr., Gainesville, for appellee.

OVERTON, Justice.

This is an appeal from a circuit court order, in a habeas corpus proceeding, declaring unconstitutional Sections 949.10, 949.11, and 949.12, Florida Statutes (1973).1 These statutes relate to a probationer's or parolee's subsequent arrest for a felony, the evidentiary effect of such arrest, and revocation hearing procedure.

The appellee, Lee, was convicted and sentenced in March of 1971 for breaking and entering...

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