PAUL S. PERKINS, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
PAUL S. PERKINS, APPELLANT,
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
414 So. 2d 264
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 12 cases
Opinion of the Court
MILLS, Judge.
Perkins appeals the establishment of his presumptive parole release date. We affirm.
The aggravation for multiple offenses with concurrent sentences is proper under Rule 23-19.01(5), Florida Administrative Code. The aggravation in each case was within the matrix guidelines for each offense.
No abuse of discretion is shown in the appellee’s assigning an offense characteristic oí “moderate” for possession of a knife during incarceration.
The appellee provided a written explanation for its deviation from the examiner’s recommendation.
McCORD and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Capers v. State, 433 So. 2d 1323 (Fla. 3d DCA 1983)…26 So. 2d 54 (Fla. 4th DCA 1976). Third, the court’s failure to instruct the jury on the underlying felony or felonies to the lesser-included offense of third-degree murder, upon which offense defendant was convicted, is not error. Fuller v. State, 414 So. 2d 264 (Fla. 3d DCA 1982) (where a defendant was charged with second-degree murder and the jury was instructed on that charge and on third-degree murder and manslaughter, no error was committed in failing to instruct the jury on an underlying non-enumerate…1 / 2
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State v. Jacques Simone, 431 So. 2d 718 (Fla. 3d DCA 1983)…ughter, and justifiable and excusable homicide. 342 So. 2d at 502-03. The rule is apparently well established in Florida. See, e.g., State v. Thomas, 362 So. 2d 1348, 1350 n. 6 (Fla.1978); Lewis v. State, 377 So. 2d 640 (Fla.1979); Fuller v. State, 414 So. 2d 264 (Fla. 3d DCA 1982); Coxwell v. State, 397 So. 2d 335 (Fla. 1st DCA 1981); Henderson v. State, 370 So. 2d 435 (Fla. 1st DCA 1979). It should be noted, however, that application of the Martin rule in this case leads inevitably to a conflict with the…
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Rodriguez v. State, 443 So. 2d 286 (Fla. 3d DCA 1983)…below, as well as manslaughter. Lewis v. State, 377 So. 2d 640 (Fla. 1979); Martin v. State, 342 So. 2d 501 (Fla. 1977); Brown v. State, 245 So. 2d 68 (Fla. [*292] 1971), modified, 408 U.S. 938, 92 S.Ct. 2870, 33 L.Ed.2d 759 (1972); Fuller v. State, 414 So. 2d 264 (Fla. 3d DCA 1982). It necessarily follows that where death has not occurred and the offense charged is consequently attempted murder, the jury must be instructed on attempt to commit all degrees of murder from the degree charged and below and, at l…
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