OWEN CALLOWAY, JR., PETITIONER,
v.
FLORIDA PAROLE AND PROBATION COMMISSION AND LOUIE L. WAINWRIGHT, RESPONDENT
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MILLS, Judge.
Calloway appeals from a final order of the Florida Parole and Probation Commission (Commission) establishing his presumptive parole release date (PPRD). We affirm.
The Commission properly calculated Calloway’s salient factor score of two (2) based on the age of his first conviction and his prior conviction for DWI. See Florida Administrative Code Rule 23-19.04(l)(b).
Aggravation was properly applied in establishing his PPRD because Calloway committed his present offense of conviction while on probation for a previous crime. Florida Administrative Code Rule 23-19.-03(l)(b).
The offenses for which Calloway was on probation could not be used in calculating his salient factor score since adjudication of guilt was withheld. Florida Administrative Code 23-19.04(l)(a).
McCORD and SHIVERS, JJ., concur.
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Fla. Parole & Prob. Comm'n v. Griffin, 497 So. 2d 1242 (Fla. 2d DCA 1986)…In any event, this aggravating factor is permissible. Aggravation is properly applied in establishing a PPRD when the offender committed his present offense while on probation for a previous crime. Calloway v. Florida Parole & Probation Commission, 414 So. 2d 655 (Fla. 1st DCA 1982). Our greatest concern is with regard to the third aggravating factor. We note that the appellee does not attack the sufficiency of the evidence relied on by the Commission to establish that factor, which was the appellee's PSI.…