RONALD DAVIS SMALL v. FLORIDA PAROLE COMMISSION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RONALD DAVIS SMALL, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D06-5876 FLORIDA PAROLE COMMISSION, Appellee. ______________________________/ Opinion filed May 31, 2007. An appeal from the Circuit Court for Jackson County. William L. Wright, Judge. Ronald Davis Small, pro se, Appellant. Kim M. Fluharty, General Counsel, and Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Appellee. PER CURIAM. Ronald Davis Small appeals an order of the circuit court which denied his habeas corpus petition as time-barred under section 95.11(5)(f), Florida Statutes. The Parole Commission correctly concedes error in light of this court s decision in Martin v. Florida Parole Comm n, 951 So. 2d 84 (Fla. 1st DCA 2007). We accordingly reverse and remand for further proceedings. REVERSED. VAN NORTWICK, LEWIS, and ROBERTS, JJ., CONCUR.

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