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DIVISION OF CORRECTIONS, ST. P. & P. COM'N v. TAMARGO

No. 75-1102.

329 So.2d 422 (1976)

DIVISION OF CORRECTIONS, STATE PAROLE AND PROBATION COMMISSION of the State of Florida, Appellant, v. Phillip TAMARGO, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 21, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant.

Howard L. Garrett, of Garrett & Garrett, Tampa, for appellee.

PER CURIAM.

The Division of Corrections, State Parole and Probation Commission of the State of Florida, appeals from an order granting relief under a petition for writ of habeas corpus brought by appellee, Phillip Tamargo.

On February 25, 1971, appellee had been sentenced to 5 years imprisonment. On February 1, 1974, he was released under "mandatory conditional release" pursuant to Fla. Stat. § 944.291 (1973...

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