HORACE WRIGHT, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Application of parole matrix time ranges effective after the crime but before parole interview does not violate ex post facto clauses.
Wright committed a crime in 1975 and was sentenced in 1981. The Parole Commission applied parole matrix time ranges that came into effect in 1981 to e…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Presumptive Parole Release Date cases and more on FLexlaw
MILLS, Judge.
On 24 November 1975, Wright committed the crime for which he was later convicted. He was sentenced on 12 January 1981, and, after his initial interview on 6 January 1982, the Commission applied the matrix time ranges which came into effect on 1 September 1981 in order to establish his presumptive parole release date (PPRD).
Wright now asserts that application of these new ranges violates the ex post facto clauses of the state and federal constitutions. We disagree. Lopez v. Florida Parole and Probation Commission, 410 So. 2d 1354 (Fla. 1st DCA 1982). Contrary to Wright’s contentions, we do not find Lopez distinguishable. Just as in Lopez, Wright committed his crime at a time when parole was within the discretion of the Commission. Section 947.16, Florida Statutes (1975). Therefore, there is no ex post facto violation in using the guidelines in effect on the date of the interview.
Wright’s contention that the Commission usurped judicial intent in setting his PPRD is likewise without merit. Holston v. Florida Parole and Probation Commission, 394 So. 2d 1110 (Fla. 1st DCA 1981).
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lopez v. Fla. Parole & Prob. Comm'n, 410 So. 2d 1354 (Fla. 1st DCA 1982)
- Holston v. Fla. Parole & Prob. Comm'n, 394 So. 2d 1110 (Fla. 1st DCA 1981)