District Court of Appeal of Florida July 15, 1981, No. 80-1527 (Florida Parole & Probation Commission v. Alby)

MOORE, Judge.

The Florida Parole and Probation Commission appeals an order granting appellee’s petition for writ of habeas corpus and the denial of its (the Commission’s) motion for writ of prohibition. We reverse the former and affirm the latter.

In granting the petition for writ of habe-as corpus the trial court relied upon Carson v. Bishop, 378 So.2d 882 (Fla. 1st DCA 1979), cert.