BLACKSHARE v. DIXON (2026)

Appellant Jeffrey Blackshare appeals the trial court's denial of his Petition for a Writ of Habeas Corpus. He claims section 775.082(1), Florida Statutes (2025), is self-executing and that the Florida Department of Corrections must release him immediately upon eligibility. We disagree. See Battle v. Dixon, 419 So. 3d 88, 88 (Fla. 4th DCA 2025) (citations omitted) (“We summarily affirm the order denying appellant's petition for writ of habeas corpus. Appellant's sentence for capital murder provides that he is not ‘eligible’ for parole until after serving 25 years in prison. Appellant's argument that the statute guarantees him release on parole after 25 years is clearly without any arguable merit. Appellant's assertion that a legislative amendment to the parole statute in 1982 somehow made parole mandatory after 25 years is without any basis in law. The petition and this appeal are frivolous.”).

Blackshare also claims that the Florida Commission on Offender Review is without statutory authority to determine his initial parole release. Not so. Parole is overseen by the Florida Commission on Offender Review, not the Department of Corrections. We note, however, that the Commission has set Blackshare's next interview date for parole in May 2026. Thus, we affirm without prejudice the circuit court's decision denying Blackshare's petition. Blackshare may still seek any relief available to him from the Florida Commission on Offender Review.

Affirmed.

PER CURIAM.