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FLORIDA PAROLE AND PROBATION COMMISSION v. ALBY

No. 80-1527.

400 So.2d 864 (1981)

FLORIDA PAROLE AND PROBATION COMMISSION, Appellant, v. August ALBY, Appellee.

District Court of Appeal of Florida, Fourth District.

July 15, 1981.

Attorney(s) appearing for the Case

Catherine L. Dickson, Asst. Gen. Counsel, Florida Parole and Probation Commission, Tallahassee, for appellant.

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellee.

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 habeas 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...

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