ALAN ANTHONY MARTINES, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE; SAMUEL L. HOLTON, APPELLANT, V. FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE; CARLOS RODRIGUEZ, APPELLANT, V. FLORIDA PAROLE AND PROBATION, APPELLEE; RAYMOND MARTINEZ, APPELLANT, V. FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
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The Fourth District Court of Appeal dismissed four consolidated appeals challenging parole release dates, holding that Chapter 83-78 of the Florida Statutes eliminated the right to appeal presumptive parole release date determinations under section 120.68 for cases pending when the statute became effective, and certified the issue to the Florida Supreme Court as one of great public importance.
Chapter 83-78, Laws of Florida, terminated the right to appeal presumptive parole release date determinations under section 120.68 for cases pending when the statute became effective.
[1] Chapter 83-78, Laws of Florida, eliminated the statutory right to appeal presumptive parole release date determinations under section 120.68 for cases pending when the st…
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Join FLexlaw to unlock all legal intelligenceFour prisoners appealed determinations of presumptive parole release dates made by the Florida Parole and Probation Commission, seeking review under s…
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GLICKSTEIN, Judge.
This is a consolidation of four appeals pursuant to section 120.68, Florida Statutes (1981), of Florida Parole and Probation Commission determinations of presumptive parole release dates (PPRD’s). We dismiss for appellants’ lack of standing to appeal under section 120.68. Though it has been held that prisoners could previously appeal PPRD’s under the aegis of section 120.68, Roberson v. Florida Parole & Probation Commission, 444 So. 2d 917 (Fla.1983), we agree with the first district, on the basis of the reasoning of that court, that the statutory change effected by Chapter 83-78, Laws of Florida, cuts off this right of appeal in cases still pending when the change became effective, Rothermel v. Florida Parole & Probation Commission, 441 So. 2d 663 (Fla. 1st DCA 1983). We also join the first district in certifying to the Florida Supreme Court, pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v) the following question as one of great public importance:
Did the enactment of Chapter 83-78, Laws of Florida, terminate section 120.68 appeals by prisoners from Florida Parole and Probation Commission final action pertaining to presumptive parole release dates where such appeals had not been determined on the effective date of that legislative act?
BERANEK and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Griffith v. Fla. Parole & Prob. Comm'n, 485 So. 2d 818 (Fla. 1986)…ppeals of PPRD’s, including those then pending. In Griffith III, the district court certified the same question it first certified in Rothermel, a question also certified by the Fourth District in Martines v. Florida Parole and Probation Commission, 448 So. 2d 637 (Fla. 4th DCA 1984). The parties in Rothermel and Mar-tines .did not seek review in this Court, consequently this is the first opportunity the Court has had to consider the question; Did the enactment of Chapter 83-78, Laws of Florida, terminate Se…
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London v. Fla. Parole & Prob. Comm'n, 471 So. 2d 221 (Fla. 4th DCA 1985)…on for an extraordinary writ in circuit court. Hansen v. Florida Parole and Probation Commission, 436 So. 2d 349 (Fla. 1st DCA 1983); Zatler v. State, 457 So. 2d 1083 (Fla. 5th DCA 1984). See also Martines v. Florida Parole and Probation Commission, 448 So. 2d 637 (Fla. 4th DCA 1984). ANSTEAD, C.J., and HERSEY and GLICKSTEIN, JJ., concur.…
Authorities Cited
- Rothermel v. Fla. Parole & Prob. Comm'n, 441 So. 2d 663 (Fla. 1st DCA 1983)
- Roberson v. Fla. Parole & Prob. Comm'n, 444 So. 2d 917 (Fla. 1983)