CECIL L. GRIGGS, JR., APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
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MILLS, Judge.
Griggs pled nolo contendere to a charge of arson and was sentenced to serve 15 years in confinement. He also pled nolo contendere to burglary of a structure, grand theft, and two counts of forgery. The sentences on all of these latter offenses were to run concurrently with his 15-year sentence.
In setting his presumptive parole release date, the Commission aggravated Griggs by a total of 83 months for the latter four offenses. Griggs contends that the Commission has in effect breached the plea agreement whereby he was to receive concurrent sentences in return for his plea. This contention is without merit. Aggravation for multiple offenses with concurrent sentences is proper under Rule 23-19.01(5), Florida Administrative Code. Sala v. Florida Parole and Probation Commission, 414 So. 2d 263 (Fla. 1st DCA 1982); Perkins v. Florida Parole and Probation Commission, 414 So. 2d 264 (Fla. 1st DCA 1982).
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Lowe v. Fla. Parole & Prob. Comm'n, 447 So. 2d 282 (Fla. 2d DCA 1983)…PER CURIAM. Affirmed. See Rule 23-21.10(4)(a)(l)(h), Florida Administrative Code; DeLoach v. Florida Parole & Probation Commission, 423 So. 2d 480 (Fla. 1st DCA 1982), and Griggs v. Florida Parole & Probation Commission, 420 So. 2d 367 (Fla. 1st DCA 1982). BOARDMAN, A.C.J., and GRIMES and LEHAN, JJ., concur.…
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Lamar v. Fla. Parole & Prob. Comm'n, 430 So. 2d 948 (Fla. 1st DCA 1983)…ld that concurrent convictions, not used in establishing the salient factor score, are proper aggravating factors. Perkins v. Florida Parole & Probation Commission, 414 So. 2d 264 (Fla. 1st DCA 1982); Griggs v. Florida Parole & Probation Commission, 420 So. 2d 367 (Fla. 1st DCA 1982). We note, however, that these cases are founded upon Florida Administrative Code Rule 23-19.-01(5), which was repealed on September 10, 1981. As appellant’s initial interview was conducted after that date, the repealed rule does…
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Grandin v. Parole & Prob. Comm'n, 421 So. 2d 828 (Fla. 1st DCA 1982)…v. Florida Parole and Probation Commission, 409 So. 2d 227 (Fla. 1st DCA 1982). (2) The Commission properly aggravated appellant’s concurrent sentences pursuant to Rule 23-19.01(5), Fla.Admin.Code. Griggs v. Florida Parole and Probation Commission, 420 So. 2d 367 (Fla. 1st DCA 1982); Sala v. Florida Parole and Probation Commission, 414 So. 2d 263 (Fla. 1st DCA 1982); Perkins v. Florida Parole and Probation Commission, 414 So. 2d 264 (Fla. 1st DCA 1982). (3) The Commission did not err in using amended parole…
Authorities Cited
- Sala v. Fla. Parole & Prob. Comm'n, 414 So. 2d 263 (Fla. 1st DCA 1982)
- Fuller v. State, 414 So. 2d 264 (Fla. 3d DCA 1982)
- Perkins v. Fla. Parole & Prob. Comm'n, 414 So. 2d 264 (Fla. 1st DCA 1982)