ATTORNEY GENERAL RESPONSE BRIEF TO APPEAL OF DISCHARGE CERTIFICATE

January 16, 2014, the State respondent argument is:  "THE AGENCY PROPERLY DETERMINED THAT LEE REMAINS ON EXTENDED SUPERVISION" for the following reasons:

     1. Lee September 4, 2012 discharge certificate only applies to counts 1 and 3 of his case, and Lee
         remains on extended supervision.
     2.  Certiorari review exists to allow review of the agency decision, based on the record before
          the agency.
     3.  Lee cannot use certiorari review of a discrete agency decision to challenge his original sentence,
          or other decisions made by individuals other than the respondent (like decisions on parole
          eligibility).
     4.  The discharge certificate is somewhat ambiguous because it does not identify the counts to
          which it relates.
     5.  The judgment of conviction for case 05CF63 clearly reflect that the sentence for counts 4
           through 12 are still running.
     6.  These sentences were imposed under Truth-in-Sentencing, so Lee is not eligible for parole.
     7.   Extended supervision will not terminate until July 2018.
     8.  The agency's decision is proper and supported by the judgment of conviction.