DAVID A. RICHARDS, APPELLANT,
v.
FLORIDA PAROLE & PROBATION COMMISSION, APPELLEE
Explore caselaw by topic → Browse Aggravating Circumstances cases and more on FLexlaw
PER CURIAM.
We affirm the order of the Parole and Probation Commission, rendered after appellant’s biennial review, in which the Commission did not alter appellant’s previously established presumptive parole release date, but did add further particularity to one of appellant’s original aggravating circumstances. We find that the six-month aggravation, clarified by the Commission on biennial review, was proper and based upon competent and persuasive evidence.
Appellant has raised an additional argument to the effect that Florida Administrative Code Rule 23-19.03(1)(b)(3) *, which allows the Commission to aggravate an inmate above the matrix time range if the inmate has a “history of alcohol or narcotics abuse,” is violative of the constitutional prohibition against “cruel and unusual punishment.” We find this argument to be without merit.
AFFIRMED.
ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur. *
Currently, Florida Administrative Code Rule 23-21.10(4)(a)(2)(b).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Prestressed Sys. & Claims Ctr. v. Goff, 486 So. 2d 1378 (Fla. 1st DCA 1986)…ar clearly involves more than a passive failure of an employer in investigating the extent of claimant’s disability, or its delay in providing payment for necessary services, once it was on notice of the need for same, cf. Barosy v. Landscape Crane, 418 So. 2d 400 (Fla. 1st DCA 1982), but instead reflects a rejection of a claim for attendant care on the primary ground that the home environment was not the best place where such care should be provided. Its refusal to provide payment was clearly inappropriate.…
-
Winter Garden Citrus & Liberty Mut. Ins. Co. v. Parrish, 438 So. 2d 472 (Fla. 1st DCA 1983)…retation upon the statute favoring the worker. See, e.g., Florida Erection Services, Inc. v. McDonald, 395 So. 2d 203, 210 (Fla. 1st DCA 1981); Sam Rogers Enterprises v. Williams, 401 So. 2d 1388, 1391 (Fla. 1st DCA 1981); Barosy v. Landscape Crane, 418 So. 2d 400 (Fla. 1st DCA 1982). In Barosy, we broadly stated: “[W]here there is any economic loss due to a bad faith handling of a claim, an award of an attorney’s fee is appropriate.” Id. at 401 (e.s.). That the statute contemplates the carrier’s obligation t…
-
Rusty Pelican Rest. & Cont'l Ins. Co. v. Garcia, 437 So. 2d 754 (Fla. 1st DCA 1983)…r rate until after the final hearing, which was conducted on September 10,1981. As we find that the E/C’s failure to include such amounts resulted in an economic loss to Garcia, see Greynolds Park Manor, 423 So. 2d at 487; Barosy v. Landscape Crane, 418 So. 2d 400 (Fla. 1st DCA 1982), and that Garcia had to incur legal expenses to assert his right to the inclusion of the value of meals in his AWW, we agree that the E/C’s cumulative actions demonstrated bad faith in the handling of the claim. In view of our f…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence