DANIEL SCHAEFFER, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE

Fla. 1st DCA | 1983-07-08
No. AQ-367
BOOTH and SHIVERS, JJ., concur.
434 So. 2d 44 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 2 cases


Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Schaeffer appeals Commission action establishing his presumptive parole release date. We affirm.

Whether credit is given for time on parole is within the Commission’s discretion. Section 947.21, Florida Statutes (1981); Coleman v. Wainwright, 323 So. 2d 581 (Fla.1975).

The Commission correctly aggregated Schaeffer’s times after including a point for a parole revocation in his second commitment, Nord v. Fla. Parole & Probation Com’n, 417 So. 2d 1176 (Fla. 1st DCA 1982).

Schaeffer’s ex post facto argument is controlled by our opinions in Lopez v. Fla. Parole & Probation Com’n, 410 So. 2d 1354 (Fla. 1st DCA 1982), and May v. Fla. Parole & Probation Com’n, 424 So. 2d 122 (Fla. 1st DCA 1982).

AFFIRMED.

BOOTH and SHIVERS, JJ., concur.


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Citator

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  • Gibson v. Fla. Parole & Prob. Comm'n, 506 So. 2d 474 (Fla. 1st DCA 1987)
    …e, he had served only approximately two years before be- ■ ing released on parole. Under section 947.21, Florida Statutes, he was liable to serve out the term for which he was sentenced. See also Schaeffer v. Florida Parole and Probation Commission, 434 So. 2d 44 (Fla. 1st DCA 1983).…

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