JAMES CARTER LAMAR, APPELLANT,
v.
FLORIDA PAROLE & PROBATION COMMISSION, APPELLEE
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WENTWORTH, Judge.
Appellant asserts that the Commission erred in considering his concurrent convictions as aggravating factors when it established his presumptive parole release date (PPRD). This court has repeatedly held that concurrent convictions, not used in establishing the salient factor score, are proper aggravating factors. Perkins v. Florida Parole & Probation Commission, 414 So. 2d 264 (Fla. 1st DCA 1982); Griggs v. Florida Parole & Probation Commission, 420 So. 2d 367 (Fla. 1st DCA 1982). We note, however, that these cases are founded upon Florida Administrative Code Rule 23-19.-01(5), which was repealed on September 10, 1981. As appellant’s initial interview was conducted after that date, the repealed rule does not apply. We approve the Commission action, however, on the basis of Rule 23-21.10 which provides in part:
23-21.10 Decision Outside the Matrix Time Range.
(1) The Commission may render a decision outside the matrix time range based on any competent and persuasive evidence relevant to aggravating or mitigating circumstances ....
Affirmed.
ERVIN and NIMMONS, JJ., concur.
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Campbell v. Fla. Parole Comm'n, 630 So. 2d 1210 (Fla. 1st DCA 1994)…revoking his parole (adding one point to his salient factor score) does not preclude their use in aggravation. See Ruzicka v. Florida Parole & Probation Comm’n, 480 So. 2d 190 (Fla. 1st DCA 1985); see also Lamar v. Florida Parole & Probation Comm’n, 430 So. 2d 948 (Fla. 1st DCA 1983). We conclude that the aggravation was neither arbitrary nor excessive. See Fla.Admin.Code Rule 23-21.010. We likewise reject the appellant’s assertion that the failure to accord him annual review of his presumptive parole releas…
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Skelton v. Parole & Prob. Comm'n, 430 So. 2d 969 (Fla. 1st DCA 1983)…PER CURIAM. AFFIRMED. See Lamar v. Florida Parole and Probation Commission, 430 So. 2d 948 (Fla. 1st DCA 1983). ERVIN, WENTWORTH and NIMMONS, JJ., concur.…
Authorities Cited
- 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)
- Griggs v. Fla. Parole & Prob. Comm'n, 420 So. 2d 367 (Fla. 1st DCA 1982)