KENNETH HIPKE, PETITIONER,
v.
PAROLE AND PROBATION COMMISSION, RESPONDENT
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Florida appellate court denied inmate's petition challenging the Parole and Probation Commission's tentative release date, holding that the Commission need not grant retroactive jail-time credit and may properly consider the inmate's entire criminal history and aggravating circumstances in setting release dates.
The Parole and Probation Commission may not be compelled to grant retroactive credit for pre-sentence jail time and may properly consider an inmate's entire past criminal record, including offenses committed in other countries, when assessing recidivist tendencies and aggravating circumstances for tentative release dates.
[1] The Parole and Probation Commission may not be compelled to grant retroactive credit for jail time served before sentencing, as the sentencing judge had discretion but no…
[2] An inmate's entire past criminal record, including offenses committed in other countries, is pertinent to the Parole and Probation Commission's assessment of recidivist t…
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Join FLexlaw to unlock all legal intelligenceHipke was sentenced in 1972 and challenged the Parole and Probation Commission's action fixing his tentative release date, arguing the Commission shou…
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ROBERT P. SMITH, Jr., Judge.
Hipke complains of Parole and Probation Commission action fixing his tentative release date. Fla.Admin.Code Chapter 23-19. When Hipke was sentenced in 1972, Section 921.161(1), Florida Statutes (1971), permitted but did not require the sentencing judge to allow explicit credit for jail time served before sentence. See Heilmann v. State, 310 So. 2d 376 (Fla. 2d DCA 1975). For stronger reasons it follows that the Parole and Probation Commission, having no sentencing authority, may not now be compelled to give retrospective credit for jail time served before Hipke was sentenced. No error is shown in the Commission’s consideration, during assessment of Hipke’s past criminal record, of an offense committed in another country. The inmate’s entire “past criminal record” is pertinent in the Commission’s assessment of the inmate’s recidivist tendencies. See Section 947.002(2), Florida Statutes (1979). Nor did the Commission err, when considering aggravating circumstances bearing on Hipke’s tentative release date, in giving due weight to the same circumstances which influenced the sentencing court to impose a consecutive sentence. The court’s sentence fixes a maximum term to be served; the Commission’s process tentatively fixes the actual time to be served, within the limit thus established by the court. The court and Commission have thus considered the same aggravating circumstances for complementary purposes, and no showing is made that that is not as it should be. The petition is
DENIED.
ERVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. Fla. Parole & Prob. Comm'n, 436 So. 2d 144 (Fla. 1st DCA 1983)…maximum time of his sentence. The court and commission have thus considered the same aggravating circumstances for complementary purposes, and no showing is made that that is not as it should be. See Hipke v. Florida Parole and Probation Commission, 380 So. 2d 494 (Fla. 1st DCA 1980). As [*145] noted in Nunley v. U.S. Board of Pardons, 439 F.Supp. 887, 890 (W.D.Okl.1966), the “doctrine of double jeopardy has strict application to criminal prosecutions only.... It does not apply to other judicial proceedings.”…
Authorities Cited
- Heilmann v. State, 310 So. 2d 376 (Fla. 2d DCA 1975)