CLARENCE JONES, APPELLANT,
v.
THE FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
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MILLS, Judge.
Jones appeals contending the Parole and Probation Commission improperly calculated his presumptive parole release date (PPRD). We agree in part and disagree in part.
We find no error in the Commission relying on presentence investigation reports, or Florida Department of Law Enforcement reports, or FBI records to establish prior convictions.
The record reveals that Jones’ sentence for possession of controlled substance paraphernalia (A#) had expired prior to the imposition of a sentence for possession of cocaine and heroin. It was, therefore, improper for the Commission to aggregate his A # commitment with his other commitments. Florida Administrative Code, Rule 23-19.02(2)(g).
The order is affirmed in part, reversed in part, and remanded with instructions that Jones’ PPRD be calculated in a manner consistent with this opinion.
LARRY G. SMITH and SHAW, JJ., concur.
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Dugger v. Wiley Jerome Grant, 587 So. 2d 608 (Fla. 1st DCA 1991)…Bishop, supra. The question before the court is whether the information contained in the PSI in the instant case is sufficiently competent to satisfy the evidentiary requirements of Mayo and Bishop. In Jones v. Florida Probation and Parole Comm’n, 413 So. 2d 861 (Fla. 1st DCA 1982), and Adams v. State, 560 So. 2d 321 (Fla. 1st DCA 1990), this court allowed the Parole and Probation Commission to utilize information contained in the PSI in performing its duties. While we agree with the D.O.C. that it also sho…
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Adams v. State, 560 So. 2d 321 (Fla. 1st DCA 1990)…and Probation Commission v. Paige, 462 So. 2d 817, 819-820 (Fla.1985). In the exercise of that duty, the Commission is entitled to rely on information contained in pre-sentence investigation reports, Jones v. Florida Parole and Probation Commission, 413 So. 2d 861, 862 (Fla. 1st DCA 1983), as well as on any other information compiled by the Department in performance of its record-keeping duty pursuant to section 945.25, Florida Statutes. The record in this case reflects that the information which appellant s…
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Rolle v. Fla. Parole & Prob. Comm'n, 426 So. 2d 1082 (Fla. 1st DCA 1983)…ally the Commission is entitled to rely on post sentence investigation reports to establish prior convictions. See Bradbury v. Florida Parole & Probation Commission, 420 So. 2d 901 (Fla. 1st DCA 1982); Jones v. Florida Parole & Probation Commission, 413 So. 2d 861 (Fla. 1st DCA 1982). However, an inmate’s PPRD should not be determined on an erroneous report. We cannot determine from the record in this case whether the appellant had a prior gambling conviction or whether the post sentence investigation report…
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