COLEN EVERSON, APPELLANT,
v.
FLORIDA PAROLE & 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.
Colen Everson appeals the Florida Parole and Probation Commission's establishment of his presumptive parole release date (PPRD). The Court reversed because the Commission incorrectly classified assault with intent to commit robbery as a first degree felony when it is statutorily a second degree felony, resulting in an improper PPRD calculation.
The Court held that assault with intent to commit robbery is a second degree felony under Florida law, and therefore the Commission erred in assigning a first degree felony offense severity characteristic. The PPRD must be recalculated accordingly.
[1] A presumptive parole release date must be calculated based on the correct offense severity characteristic as defined by statute.
[2] A court will reverse an order of the Florida Parole and Probation Commission if it fails to assign the proper offense severity characteristic to a felony offense.
Previewing 2 of 3 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“Assault with intent to commit robbery is a second degree felony. See § 784.06, Fla. Stat. (1973). Accordingly, appellant's PPRD should be calculated based on an offense severity of a second degree felony for the offense of assault with intent to commit robbery.”
Establishes the correct legal classification and explains why the Commission's action was erroneous
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEverson pleaded guilty in 1975 to assault with intent to commit robbery and aggravated assault. He escaped in 1977 and was recaptured in 1981, then co…
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 Salient Factor Score cases and more on FLexlaw
THOMPSON, Judge.
This is an appeal from a final order of the Florida Parole and Probation Commission (Commission) finding no cause to change prior Commission action establishing the appellant’s presumptive parole release date (PPRD). We reverse.
In 1975, appellant pled guilty to assault with the intent to commit robbery and to aggravated assault. In 1977, he escaped and was at liberty until he was recaptured in 1981.
On August 5,1981, he was convicted of escape and was sentenced to serve one year consecutively with the remainder of his prior sentences. His initial parole interview pursuant to § 947.172(1), Fla.Stat. was conducted January 27, 1982.
With respect to the offense of escape, the hearing examiner assigned a salient factor score of seven, established the offense severity characteristic as a second degree felony, and recommended 48 months under the applicable matrix time range.
With respect to the offense of assault with intent to commit robbery, the hearing examiner assigned a salient factor score of five, established the offense severity characteristic as a second degree felony, recommended 48 months under the applicable matrix time range, and recommended a six-month aggravation for the aggravated assault. The time recommended for the escape, 48 months, was aggregated with the time recommended for the assault with intent to commit robbery, resulting in a total recommended time of 102 months and a recommended PPRD of September 1, 1987.
After receiving the hearing examiner’s recommendation, the Commission reduced appellant’s salient factor score on the escape charge to five and reduced his time of incarceration for that offense to 32 months, the bottom of the applicable matrix time range.
With respect to the offense of assault with intent to commit robbery, the Commission reduced appellant’s salient factor score to one, increased the offense severity characteristic to a first degree felony, and deleted the hearing examiner’s aggravation for aggravated assault. The Commission then set appellant’s time of incarceration on the assault with intent to commit robbery at 70 months, the top of the applicable matrix range. Aggregation of the scores for the escape and assault with intent to commit robbery again resulted in a total time of incarceration of 102 months.
Accordingly, appellant’s PPRD remained at September 1, 1987. Appellant timely filed his § 947.173, Fla.Stat. review request, pointing out that assault with intent to commit robbery is a second degree felony, not a first degree felony and that the Commission had therefore assigned an improper offense severity characteristic with respect to that charge. The Commission did not change his offense severity characteristic and affirmed its prior action.
Assault with intent to commit robbery is a second degree felony. See § 784.06, Fla. Stat. (1973). Accordingly, appellant’s PPRD should be calculated based on an offense severity of a second degree felony for the offense of assault with intent to commit robbery.
We reverse the Commission’s order and remand with instructions to recalculate appellant’s PPRD with an offense severity of a second degree felony with respect to the offense of assault with intent to commit robbery.
MILLS and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Green v. Fla. Parole Comm'n, 555 So. 2d 432 (Fla. 1st DCA 1990)…ction category to the matrix time range charted in Florida Administrative Code Rule 23-21.009(5). See Taylor v. Florida Parole and Probation Commission, 543 So. 2d 367, 368 fn. 1 (Fla. 1st DCA 1989); Everson v. Florida Parole & Probation Commission, 431 So. 2d 238 (Fla. 1st DCA 1983); Woodard v. Florida Parole and Probation Commission, 429 So. 2d 1360 (Fla. 1st DCA 1983); Walsh v. Florida Parole and Probation Commission, 422 So. 2d 967 (Fla. 1st DCA 1982); Faucett v. Florida Parole and Probation Commission, 4…