DAVID ARNETT, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
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MILLS, Judge.
Arnett appeals Florida Parole and Probation Commission action establishing his presumptive parole release date. We affirm.
There is no ex post facto violation in applying the matrix in effect at the time of interview when the crime was committed prior to enactment of parole guidelines, Lopez v. Florida Parole and Probation Commission, 410 So. 2d 1354 (Fla. 1st DCA 1982); Britt v. Florida Parole and Probation Commission, 417 So. 2d 1079 (Fla. 1st DCA 1982); Overfield v. Florida Parole and Probation Commission, 418 So. 2d 321 (Fla. 1st DCA, 1982).
The sufficiency of the notice given Arnett before the amendment of the objective parole guidelines is an issue for rule challenge proceedings, Canter v. Florida Parole and Probation Commission, 409 So. 2d 227 (Fla. 1st DCA 1982).
ERVIN and WIGGINTON, JJ., concur.
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State v. Earnest James, 526 So. 2d 188 (Fla. 3d DCA 1988)…without merit the State’s argument, made for the first time on appeal, that the defendant abandoned the paper bag by placing it in and walking away from his own automobile. No objective facts support an abandonment argument. O'Shaughnessy v. State, 420 So. 2d 377 (Fla. 3d DCA 1982). Moreover, because we need not, we will not explore whether New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), and Savoie v. State, 422 So. 2d 308 (Fla.1982), which both involved the stop of a vehicle, can be…
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Kelly v. State, 536 So. 2d 1113 (Fla. 1st DCA 1988)…search and seizure purposes is viewed primarily as a question of intent, to be inferred from the words and actions of the parties and other circumstances surrounding the purported abandonment. As stated by our sister court in O’Shaughnessy v. State, 420 So. 2d 377, 379 (Fla. 3rd DCA 1982): [T]he test to be applied in determining whether a person has abandoned property is an objective one — the words used, the conduct exhibited, and other objective facts such as where and for what length of time the property…
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State v. Kennon, 652 So. 2d 396 (Fla. 2d DCA 1995)…search and seizure purposes is viewed primarily as a question of intent, to be inferred from the words and actions of the parties and other circumstances surrounding the purported abandonment. As stated by our sister court in O’Shaughnessy v. State, 420 So. 2d 377, 379 (Fla. 3d DCA 1982): [T]he test to be applied in determining whether a person has abandoned property is an objective one — the words used, the conduct exhibited, and other objective facts such as where and for what length of time the property i…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Lopez v. Fla. Parole & Prob. Comm'n, 410 So. 2d 1354 (Fla. 1st DCA 1982)
- Overfield v. Fla. Parole & Prob. Comm'n, 418 So. 2d 321 (Fla. 1st DCA 1982)
- Britt v. Fla. Parole & Prob. Comm'n, 417 So. 2d 1079 (Fla. 1st DCA 1982)
- Canter v. Fla. Parole & Prob. Comm'n, 409 So. 2d 227 (Fla. 1st DCA 1982)