FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
Petition for Writ of Certiorari to the Circuit Court for
Desoto County; Kimberly Bonner, Judge.
Lee Smith, pro se.
Hiers, Assistant General Counsel, Tallahassee, for Respondent
Commission on Offender Review.
Beverly Brewster, Assistant General Counsel, Tallahassee, for
Respondent Department of Corrections.
LaROSE, Chief Judge.
Lee Smith petitions this court for a writ of certiorari. He
contests the trial court's order denying his habeas
corpus petition addressed to the revocation of his
conditional release supervision. We have jurisdiction.
See Fla. R. App. P. 9.030(b)(2)(B); see also
Tarver v. Fla. Parole Comm'n, 990 So.2d 577, 578
(Fla. 3d DCA 2008) ("[W]e treat the appeal [from the
trial court's order denying a habeas petition pursuing
review of the parole commission's decision to revoke
conditional release] as a petition for writ of certiorari,
and review the circuit court's denial pursuant to the
applicable standard in cases involving second-tier
certiorari."). We deny his petition.
1991, the trial court sentenced Mr. Smith to prison for armed
robbery. He was released on conditional release supervision
in September 2009. His supervision was to end in 2020.
Unfortunately for Mr. Smith, he violated his conditional
release by committing several new offenses.
receipt of a notice of violations from the Florida Commission
on Offender Review (Commission), Mr. Smith, on July 22, 2016,
executed a "Notice of hearing, " in which he
elected to postpone his conditional release violation hearing
until disposition of his new law violations. Thereafter, on
March 1, 2017, he signed a Waiver of Conditional Release
Violation Hearing. On or about March 15, 2017, the Commission
provided Mr. Smith with an amended notice of violations. This
amended notice apparently added two additional violations of
supervision. Mr. Smith signed the amended notice, and placed
his initials next to a preprinted statement affirming that he
"hereby freely and voluntarily waive[d] [his] right to
[a] violation hearing." The Commission subsequently
revoked his conditional release. Several months later, Mr.
Smith filed a habeas corpus petition challenging his
continued detention. The trial court summarily denied relief.
Smith's Certiorari Petition
Smith seeks immediate release from prison and reinstatement
to conditional release. He makes two arguments. First, he
denies that he signed the notice postponing his hearing.
Absent his agreement, he contends that the Commission had to
conduct the violation hearing within forty-five days of his
arrest. See § 947.141(2), Fla. Stat. (1991)
("Within 45 days after the arrest of a releasee charged
with a violation of the terms and conditions of conditional
release, the releasee must be afforded a hearing conducted by
a commissioner or a duly authorized representative
thereof."). Because no hearing took place within that
time, Mr. Smith wants to be released from prison.
Mr. Smith contends that he never signed a valid waiver of
hearing for the March 15, 2017, amended notice. He admits to
signing a waiver for the original notice. Yet, he asserts:
(1) he has no recollection of signing the amended notice;
and, (2) even if he did sign it, the notice was ...