LARRY LEE SHANNON, PETITIONER,
v.
R.V. TURNER, SUPERINTENDENT, GLADES CORRECTIONAL INSTITUTION; FLORIDA PAROLE AND PROBATION COMMISSION, ET AL., RESPONDENTS
LARRY LEE SHANNON, PETITIONER,
R.V. TURNER, SUPERINTENDENT, GLADES CORRECTIONAL INSTITUTION; FLORIDA PAROLE AND PROBATION COMMISSION, ET AL., RESPONDENTS
432 So. 2d 204
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
ON MOTION FOR REHEARING AND CLARIFICATION
PÉR CURIAM.
We withdraw our opinion filed May 11, 1983 and substitute the following opinion in its place.
Petitioner seeks review of his presumptive parole release date. We treat the petition for habeas corpus as a petition for mandamus directed against the FPPC. Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982); Harrisson v. Florida Parole and Probation Commission, 428 So. 2d 388 (Fla. 4th DCA 1983). We grant the writ and order the Commission to recompute petitioner’s PPRD without using his expired 1973 robbery sentence in aggregation. An expired sentence may not be used in aggregation. Jordan v. Florida Parole and Probation Commission, 423 So. 2d 450 (Fla. 1st DCA 1982).
Writ Granted.
HERSEY, HURLEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shannon v. Anabel P. Mitchell, 460 So. 2d 910 (Fla. 4th DCA 1984)…not into the root causes of his criminal conduct, but only into whether the Florida Parole and Probation Commission’s aggregation rule for calculating a Presumptive Parole Release Date (PPRD) was properly applied in his case. In Shannon v. Turner, 432 So. 2d 204 (Fla. 4th DCA 1983), the court treated a petition of the same petitioner on a similar matter as a petition for writ of mandamus, following Harrisson v. Florida Parole and Probation Commission, 428 So. 2d 388 (Fla. 4th DCA 1983). The Harris,son court…
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Fuller v. Louie L. Wainwright & Fla. Parole & Prob. Comm'n, 458 So. 2d 1131 (Fla. 4th DCA 1984)…ner’s commitment for a previous conviction used to aggregate the PPRD to June 25, 1981; and that petitioner was not sentenced on his subsequent conviction until December 23, 1982. Respondents acknowledge this court’s decision in Shannon v. Turner, 432 So. 2d 204 (Fla. 4th DCA 1983), in the Commission’s response, which admits that the Commission cannot consider, in determining aggregation, a commitment which had expired at the time of current recommitment in setting the new PPRD. The Commission contends, how…
Authorities Cited
- Pannier v. Louie L. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982)
- Jordan v. Fla. Parole & Prob. Comm'n, 423 So. 2d 450 (Fla. 1st DCA 1982)
- Est. of Myra Engskow v. Cullen, 428 So. 2d 388 (Fla. 4th DCA 1983)
- Harrisson v. Fla. Parole & Prob. Comm'n, 428 So. 2d 388 (Fla. 4th DCA 1983)