CHARLES P. FAUCETT, APPELLANT,
v.
FLORIDA PAROLE & PROBATION COMMISSION, APPELLEE

Fla. 1st DCA | 1982-05-18
No. AI-327
ROBERT P. SMITH, C. J., and McCORD and BOOTH, JJ., concur.
413 So. 2d 1282 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Charles Faucett sought review of the Florida Parole and Probation Commission's denial of his request to recalculate his presumptive parole release date after his kidnapping conviction was corrected to false imprisonment. The court reversed and remanded, holding that the Commission must use the most serious offense (robbery) as the offense characteristic rather than the erroneous kidnapping designation.


Holding

The Commission erred in refusing to recompute Faucett's presumptive parole release date. The Commission must use the most serious of multiple convictions as the offense characteristic and may use other convictions as aggravating factors. When an offense is not specifically listed in the risk categories, the Commission must consult and be bound by the statutory classification of the conviction.


Headnotes

[1] A presumptive parole release date must be recomputed when a sentencing correction reveals that the offense initially used as the offense characteristic was not the most s…

[2] When an offense is not specifically listed in parole guidelines, the parole commission must consult and be bound by the statutory classification of the conviction.

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Key Quotes

“In choosing which of the multiple convictions should constitute the offense characteristic, the Commission is required to use the most serious of the offenses, and the other offenses may be used as aggravating factors.”

Establishes the mandatory rule for selecting the offense characteristic in parole guideline calculations.

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Facts & Procedural History

Faucett was convicted in 1973 of two counts of robbery and one count of false imprisonment/kidnapping (not for ransom). He was erroneously sentenced t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of the Florida Parole and Probation Commission’s denial of his request that his presumptive parole release date be altered to more accurately reflect the convictions for which he was sentenced. We reverse.

On April 23, 1973, appellant entered pleas of guilty to two counts of robbery and one count of kidnapping. The kidnapping-charge alleged that appellant secretly confined and imprisoned the victim against his will, but did not allege that appellant held the victim for ransom. Thus, it is clear that appellant was convicted of false imprisonment and kidnapping under Section 805.01, Florida Statutes (1971), not kidnapping for ransom set out in Section 805.02, Florida Statutes (1971). A person adjudged guilty of false imprisonment under that statute was guilty of a felony in the second degree punishable by a maximum term of imprisonment of fifteen years. Unfortunately, appellant was erroneously sentenced to life imprisonment on his kidnapping conviction, that sentence to run concurrently with two life sentences imposed on his robbery convictions.

On June 12, 1979, appellant was interviewed for parole consideration. His offense characteristic was listed as kidnapping — Most Serious II, and reflected the life sentence imposed for that offense. His salient factor score was computed and a presumptive parole release date at the top of appellant’s matrix time range was adopted by the Commission.

Subsequent to that determination, appellant filed a 3.850 motion with the trial court to correct his false imprisonment and kidnapping sentence. That sentence was corrected to reflect the maximum term of imprisonment of fifteen years.

Based upon this new information, appellant requested the Commission to recompute his presumptive parole release date using one of his robbery convictions as his offense characteristic, arguing that the robbery convictions, for which he is serving life sentences, were more serious offenses than the false imprisonment offense. The Commission denied the request and affirmed the previously established release date. We hold that it was error for the Commission to refuse to recompute appellant’s presumptive parole release date.

In choosing which of the multiple convictions should constitute the offense characteristic, the Commission is required to use the most serious of the offenses, and the other offenses may be used as aggravating factors. § 947.165, Fla.Stat. (1979); Fla.Admin.Code Rule 23-19.01(5). Additionally, the parole guidelines note that if an offense is not listed, the proper risk category should be determined by comparing the offense with other listed offenses of similar severity. The risk categories established for offense characteristics used at the time appellant was interviewed for parole consideration did not specifically list the offense of false imprisonment.1 In such a situation, we hold the Commission should consult and be bound by the statutory classification of the conviction.

Accordingly, we remand the case to the Florida Parole and Probation Commission for the purpose of determining the most serious offense based on the rules that were in effect at the time appellant was interviewed for parole consideration and the statutes which were in effect at the time appellant committed the crimes.2 Appellant’s matrix time range will be recalculated based upon the most serious offense. The Commission, in the appropriate exercise of its discretion, may use the other convictions as aggravating factors in establishing a proper presumptive parole release date for appellant.

The cause is remanded to the Commission for proceedings consistent with this opinion.

ROBERT P. SMITH, C. J., and McCORD and BOOTH, JJ., concur. . The Objective Parole Criteria Guidelines as amended June 26, 1979, place false imprisonment in a risk category of High. See, Fla.Admin.Code Rule 23-19.05.

. We note that at appellant’s biennial review, his PPRD was reduced 12 months based upon his good institutional conduct. When appellant’s PPRD is reestablished, he should retain the benefit of that Commission action.


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Citator

Cited By

  • Fla. Parole Comm'n v. Criner, 642 So. 2d 51 (Fla. 1st DCA 1994)
    …committed could no longer lawfully be the subject of the death penalty. See, Castle v. State, 330 So. 2d 10 (Fla.1976) (law in effect at time of commission of crime controls penalty at sentencing); Faucett v. Florida Parole and Probation Commission, 413 So. 2d 1282 (Fla. 1st DCA 1982) (parole commission is bound by the statutory classification in effect at the time a crime is committed). For the reasons expressed herein, the order granting mandamus relief is AFFIRMED IN PART, and REVERSED IN PART. BARFIELD,…
  • Faucett v. Louie L. Wainwright, 419 So. 2d 765 (Fla. 1st DCA 1982)
    …e also stated that the Commission biennial review action, wherein Faucett’s original PPRD was reduced 12 months for his good institutional conduct, should be reflected in the recalculated PPRD. See Faucett v. Florida Parole and Probation Commission, 413 So. 2d 1282 (Fla. 1st DCA 1982). The mandate was issued on June 3, 1982. On July 2, 1982, Faucett petitioned this Court to compel the Commission to comply with our earlier mandate. We issued an order to show cause, to which the Commission responded that Faucet…
  • Green v. Fla. Parole Comm'n, 555 So. 2d 432 (Fla. 1st DCA 1990)
    …8 (Fla. 1st DCA 1983); Woodard v. Florida Parole and Probation Commission, 429 So. 2d 1360 (Fla. 1st DCA 1983); Walsh v. Florida Parole and Probation Commission, 422 So. 2d 967 (Fla. 1st DCA 1982); Faucett v. Florida Parole and Probation Commission, 413 So. 2d 1282 (Fla. 1st DCA 1982). Faucett v. Florida Parole and Probation Commission presents a fact scenario analogous to the circumstances of this case. In Faucett, appellant pled guilty to two counts of robbery and one count of kidnapping. Faucett was convic…

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