DAVID M. WILSON, 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.
The appellate court reversed the Florida Parole and Probation Commission's order establishing a presumptive parole release date. The court found the Commission erred by classifying the appellant's offense severity as a first-degree felony when the judgment and sentence only indicated a guilty plea to "Burglary (Dwelling)".
Yes, the Commission erred in establishing the appellant's severity of offense behavior as a first-degree felony. The judgment and sentence only reflected a guilty plea to "Burglary (Dwelling)", not burglary while armed.
[1] A presumptive parole release date (PPRD) established by the Florida Parole and Probation Commission must be based on the offense for which a defendant was convicted, not…
[2] Ambiguity in the record regarding the specific offense to which a defendant pled guilty requires the Florida Parole and Probation Commission to rely on the explicit terms…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“However, in the Judgment and Sentence appellant pled guilty to “Burglary (Dwelling)” and he was found guilty and sentenced on that charge.”
Establishes the specific offense for which the appellant was found guilty and sentenced according to the official court document.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant, David M. Wilson, appealed the Florida Parole and Probation Commission's order setting his presumptive parole release date (PPRD). The C…
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 Aggravating Factors In Sentencing cases and more on FLexlaw
PER CURIAM.
Wilson appeals from a final order of the Florida Parole and Probation Commission (Commission) establishing his presumptive parole release date (PPRD).
Appellant argues that the Commission should have established his severity of offense behavior as a felony of the second degree (burglary of a dwelling), instead of a felony of the first degree (burglary of a dwelling while armed with a dangerous weapon). The Commission argues that there is record support for its conclusion that appellant pled guilty to burglary of a dwelling while armed with a dangerous weapon.
We agree with appellant that the Commission erroneously established his severity of offense behavior. After a thorough review of the record on appeal, we note that although there are several places in the record that arguably indicate appellant pled guilty to burglary of a dwelling while armed with a knife, there are also several places in the record that arguably indicate appellant pled guilty to burglary of a dwelling.
However, in the Judgment and Sentence appellant pled guilty to “Burglary (Dwelling)” and he was found guilty and sentenced on that charge. There is no indication on the face of the Judgment and Sentence that appellant pled guilty to burglary of a dwelling while armed with a dangerous weapon.
Accordingly, it was error for the Commission to establish appellant’s severity of offense behavior as a first degree felony. We therefore reverse the Commission’s establishment of appellant’s severity of offense behavior and remand to the Commission for the establishment of an appropriate PPRD in accordance with this opinion. This decision does not preclude the Commission, on remand, from considering the propriety of aggravating appellant for possession of a knife during the burglary. See generally, Wickham v. Florida Parole and Probation Commission, 410 So. 2d 989 (Fla. 1st DCA 1982).
REVERSED AND REMANDED for proceedings consistent with this opinion.
ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sheley v. Fla. Parole & Prob. Comm'n, 496 So. 2d 854 (Fla. 1st DCA 1986)…these circumstances is not subject to the constraints of section 947.16(5). When corrections in a PPRD have been ordered, consideration of all aggravating factors by the Commission has been permitted. Wilson v. Florida Parole & Probation Commission, 426 So. 2d 60 (Fla. 1st DCA 1983). [*856] The order denying writ of prohibition is affirmed. NIMMONS, J., and WILLIS, Associate Judge, concur.…
Authorities Cited
- Wickham v. Fla. Parole & Prob. Comm'n, 410 So. 2d 989 (Fla. 1st DCA 1982)