MARK PETERSON v. FLORIDA PAROLE COMMISSION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARK PETERSON, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-6551 FLORIDA PAROLE COMMISSION, Respondent. ______________________________/ Opinion filed July 6, 2007. Petition for Writ of Certiorari - Original Jurisdiction. Mark Peterson, pro se, Petitioner. Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Respondent. PER CURIAM. As the Florida Parole Commission concedes, the circuit court erred in denying Peterson s petition for writ of habeas corpus without affording him sufficient time to reply to the Commission s response. See McCarthy v. Fla. Parole Comm n, 889 So. 2d 1018 (Fla. 1st DCA 2005); Smith v. Fla. Dept. of Corrs., 882 So. 2d 1090 (Fla. 1st DCA 2004); Bard v. Wolson, 687 So. 2d 254, 255-256 (1st DCA 1996). Accordingly, we GRANT the writ of certiorari and QUASH the circuit court s order. BARFIELD, ALLEN, and HAWKES, JJ., CONCUR. 2

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