JAMES LISK GADDY, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE

Fla. 1st DCA | 1982-06-18
No. AH-293
SHIVERS, J., and CAWTHON, VICTOR M., Associate Judge, concur.
416 So. 2d 836 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 2 cases
Topics
Presumptive Parole Release Date Concurrent Sentences Aggravating Circumstances

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Opinion of the Court
MILLS, Judge.

[*837] MILLS, Judge.

We affirm the Commission’s determination of Gaddy’s presumptive parole release date (PPRD). The record reveals that Gad-dy was advised of the aggravating factors used in determining his PPRD and he signed the examiner’s report.

There was no error in aggravating Gaddy’s PPRD for multiple separate offenses even if he was given concurrent sentences. Florida Administrative Code Rule 23-19.01(5); Florida Administrative Code Rule 23-19.01(5), note 7.

Also, there was no error in classifying Gaddy’s offense as a “Category VI, Greatest (Most Serious — I),” because “If an offense can be classified under more than one category, the most serious applicable category is to be used.” Florida Administrative Code Rule 23-19.05, note 3.

SHIVERS, J., and CAWTHON, VICTOR M., Associate Judge, concur.

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Cited By

  • Variance v. Fla. Parole & Prob. Comm'n, 420 So. 2d 369 (Fla. 1st DCA 1982)
    …umptive parole release date, even though the trial judge may have sentenced him concurrently on those offenses. Glisson v. Florida Parole and Probation Commission, 420 So. 2d 336 (Fla. 1st DCA 1982); Gaddy v. Florida Parole and Probation Commission, 416 So. 2d 836 (Fla. 1st DCA 1982). AFFIRMED. MILLS, ERVIN and WIGGINTON, JJ., concur.…

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