ELZIE COOK, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
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The court held that the Parole and Probation Commission did not err in its final action regarding the inmate's presumptive parole release date.
An inmate appealed the commission's decision to reduce his presumptive parole release date by only twelve months, despite a hearing examiner's recomme…
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WIGGINTON, Judge.
Cook, an inmate at Sumter Correctional Institution, appeals from final commission action which followed his 1981 biennial interview.
Appellant committed his crimes in August, 1975, and received two concurrent sentences for robbery and sexual battery. In 1979, the commission established a presumptive parole release date of February, 1986. At the end of 1981, Cook received his regularly scheduled biennial interview at which time the hearing examiner recommended that Cook’s PPRD be reduced by twenty-four months because of several self-help programs he had completed and because he had received no major disciplinary reports. The commission approved a reduction in PPRD, but only twelve months.
In essence, Cook seeks to utilize the biennial review to relitigate the initial tentative parole release date. Such is improper. Gatto v. Florida Parole and Probation Commission, 415 So. 2d 869 (Fla.1st DCA 1982). Even taking cognizance of that, the issues raised by Cook are without merit.
The commission neither erred in using guidelines in effect on the date of appellant’s interview, Lopez v. Florida Parole and Probation Commission, 410 So. 2d 1354 (Fla.lst DCA 1982), nor by aggravating Cook’s score using concurrent sentences pursuant to Rule 23-19.01(5), Florida Administrative Code, Sala v. Florida Parole and Probation Commission, 414 So. 2d 263 (Fla.lst DCA 1982); Perkins v. Florida Parole and Probation Commission, 414 So. 2d 264 (Fla.1st DCA 1982); Glisson v. Florida Parole and Probation Commission, 420 So. 2d 336 (Fla.lst DCA 1982).
Finally, a review of the record shows that although Cook has completed self-help programs, as the examiner found, he has also received two disciplinary reports that were not mentioned by the examiner. The commission was justified in its determination and the final action is affirmed.
SHAW and JOANOS, JJ., concur.
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Broxson v. Fla. Parole & Prob. Comm'n, 425 So. 2d 169 (Fla. 1st DCA 1983)…ion action certified June 18, 1982, is affirmed. The Commission’s action declining to address issues raised in Broxson’s biennial review request, certified October 20, 1981, is otherwise affirmed. See Cook v. Florida Parole and Probation Commission, 423 So. 2d 492 (Fla. 1st DCA 1982); Sheets v. Florida Parole and Probation Commission, 423 So. 2d 464 (Fla. 1st DCA 1982); Johnson v. Florida Parole and Probation Commission, 423 So. 2d 480 (Fla. 1st DCA 1982); Myers v. Florida Parole and Probation Commission, 423…
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van Poyck v. Fla. Parole & Prob. Comm'n, 431 So. 2d 692 (Fla. 1st DCA 1983)…ave been raised, on appeal of his PPRD two years before. A biennial review may not be used for this purpose. See Broxson v. Florida Parole and Probation Commission, 425 So. 2d 169 (Fla. 1st DCA 1983); Cook v. Florida Parole and Probation Commission, 423 So. 2d 492 (Fla. 1st DCA 1982); Sheets v. Florida Parole and Probation Commission, 423 So. 2d 464 (Fla. 1st DCA 1982). ERVIN, WENTWORTH and NIMMONS, JJ., concur.…
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Maddox v. Lambdin, 547 So. 2d 205 (Fla. 4th DCA 1989)…PER CURIAM. We grant the state’s motion for rehearing, withdraw our previous opinion, and now affirm on the authority of Florida Parole and Probation Commission v. Paige, 462 So. 2d 817 (Fla.1985); Cook v. Florida Parole and Probation Commission, 423 So. 2d 492 (Fla. 1st DCA 1982), cert. denied, 459 U.S. 1218, 103 S.Ct. 1222, 75 L.Ed.2d 458 (1983); Dornau v. Florida Parole and Probation Commission, 420 So. 2d 894 (Fla. 1st DCA 1982), rev. denied, 429 So. 2d 5 (Fla.1983). HERSEY, C.J., and ANSTEAD and WAL…
Authorities Cited
- Lopez v. Fla. Parole & Prob. Comm'n, 410 So. 2d 1354 (Fla. 1st DCA 1982)
- State v. Colli, 415 So. 2d 869 (Fla. 1st DCA 1982)
- 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)
- Glisson v. Fla. Parole & Prob. Comm'n, 420 So. 2d 336 (Fla. 1st DCA 1982)