COSME RODRIGUEZ, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE

Fla. 1st DCA | 1982-10-29
No. AH-296
ERVIN and WIGGINTON, JJ., concur.
422 So. 2d 336 Florida District Court of Appeal, First District (1982) Caution
Cited by 31 cases

Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Rodriguez appeals the establishment of his presumptive parole release date. We affirm.

Rodriguez’ crime was committed before the adoption of the objective parole guidelines, see Rodriguez v. State, 379 So. 2d 657 (Fla. 3d DCA 1980). His ex post facto argument is controlled by Lopez v. Florida Parole and Probation Commission, 410 So. 2d 1354 (Fla. 1st DCA 1982).

The correct offense characteristic and salient factor score were applied.

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.


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Cited By (30 total)

  • State v. Pettis, 520 So. 2d 250 (Fla. 1988)
    …ppeal from entertaining state petitions for certiorari from pretrial orders in criminal cases. We agree that the trial judge below erred in permitting the police officer to [*254] be questioned concerning unrelated reprimands. See A. McD. v. State, 422 So. 2d 336 (Fla. 3d DCA 1982); Morrell v. State, 297 So. 2d 579 (Fla. 1st DCA 1974). However, we cannot say that the ruling was a departure from the essential requirements of law.5 While some pretrial evidentiary rulings may qualify for certiorari, it must be…
    1 / 2
  • McArthur Breedlove v. State, 580 So. 2d 605 (Fla. 1991)
    …nrelated to the case at bar.6 Thus, this Court has stated that a trial court “erred in permitting the police officer to be questioned concerning unrelated reprimands.” State v. Pettis, 520 So. 2d 250, 253-54 (Fla.1988). Likewise, in A.McD. v. State, 422 So. 2d 336, 338 (Fla. 3d DCA 1982), the court held that, although “a disciplinary investigation, concerning prior incidents of excessive force or arising out of the arrest of this defendant, would be relevant[,] ... a prior investigation for something remote i…
  • Malla Landry v. State, 620 So. 2d 1099 (Fla. 4th DCA 1993)
    …d 605 (Fla.1991). Where there is an issue of whether or not excessive force was used by the officer in this case, prior investigations into this officer’s use of excessive force in other cases are relevant. Breedlove at 609, citing A. McD. v. State, 422 So. 2d 336, 338 (Fla. 3d DCA 1982). Thus, it was error to restrict cross-examination of the officer on this matter. In addition, we are compelled to address conduct by the attorneys in this case which appears to us to have exceeded the bounds of acceptable be…

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