ROGER SMITH v. FLORIDA DEPARTMENT OF CORRECTIONS and FLORIDA PAROLE COMMISSION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROGER SMITH, Petitioner, NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. v. CASE NO. 1D04-0817 FLORIDA DEPARTMENT OF CORRECTIONS and FLORIDA PAROLE COMMISSION, Respondents. Opinion filed September 22, 2004. Petition for Writ of Certiorari -- Original Jurisdiction. Roger Smith, petitioner, pro se. Louis Vargas, General Counsel, and Judy Bone, Assistant General Counsel, for respondent Department of Corrections; Kim M. Fluharty, General Counsel, and Susan Schwartz, Assistant General Counsel, for respondent Florida Parole Commission. PER CURIAM. As the Parole Commission concedes, the circuit court erred in denying Smith s petition for writ of habeas corpus without affording him the opportunity to reply to the Commission s response. See Fla. R. App. P. 9.100(k); Cf., Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). Accordingly, the circuit court s order is quashed and this cause is remanded with directions to reconsider the matter after affording petitioner the opportunity to file a reply. In light of this disposition, we decline to address the other arguments presented by petitioner. ERVIN, PADOVANO and LEWIS, JJ., concur. 2

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