WILLIE GORDON, PETITIONER,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, RESPONDENT

Fla. 1st DCA | 1980-04-10
No. PP-284
MILLS, C. J., and BOOTH, J., concur., ERVIN, J., dissents with opinion.
382 So. 2d 798 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on petition for writ of habeas corpus and response thereto. The petition asserts errors in the determination of petitioner’s presumptive parole release date. Administrative remedies under Florida Statutes, § 947.173 have been exhausted. On consideration of the petition, response and the petitioner’s traverse, and attachments thereto, we find petitioner has failed to show his entitlement to the relief sought. Accordingly, the petition is DENIED.

MILLS, C. J., and BOOTH, J., concur. ERVIN, J., dissents with opinion.

Dissent
ERVIN, Judge,

ERVIN, Judge,

dissenting.

I dissent and would require the Commission to supplement its Response to our Show Cause Order by explaining how or if it complied with the procedural requirements of its own rule by allowing the Petitioner to rebut allegations that the circumstances of his offense were more severe than his conviction .indicates before aggravating his matrix time range based on those allegations. Fla.Admin.Code Rule 23-19.01. Compare, Lupo v. Norton, 371 F.Supp. 156 (D.C.Conn.1974).

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