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BURNS v. HODGES

No. 93-01102.

629 So.2d 324 (1993)

Richard A. BURNS, Appellant, v. Gene HODGES, in his official capacity as Chairman of the Florida Parole Commission, Appellee.

District Court of Appeal of Florida, Second District.

December 29, 1993.

Attorney(s) appearing for the Case

R. Mitchell Prugh, Melrose, for appellant.

Kurt E. Ahrendt, Asst. General Counsel, Florida Parole Com'n, Tallahassee, for appellee.

BLUE, Judge.

Richard A. Burns raises several issues on appeal, only one of which has merit. He argues the trial court erred when it denied his petition for habeas corpus without considering the applicable rule pertaining to control release violation hearings. We agree and reverse.

Florida Administrative Code Rule 23-22.014 establishes the procedure for a case-by-case determination of whether appointed counsel is required for a control release violation...

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