MARK A. JOHNSON
v.
STATE OF FLORIDA
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Mark A. Johnson sought parole after serving 25 years of a mandatory life sentence, claiming a right to parole. The court affirmed that parole in Florida is a matter of grace, not a right, and that the Parole Commission has discretion in deciding whether to grant parole according to statutory conditions.
No such right exists. Parole in Florida is granted as a matter of grace by the state, not as a matter of right, and the Parole Commission has discretion to grant or deny parole based on statutory conditions under chapter 947 of the Florida Statutes.
[1] Parole in Florida is granted as a matter of grace, not of right, and may be offered subject to conditions set by the State.
[2] The decision to parole an inmate is an act of grace of the state and shall not be considered a right.
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Join FLexlaw to unlock all legal intelligence“parole in Florida is granted by the sovereign as a matter of grace rather than of right, and the State may offer such grace under and subject to such conditions as it may consider most conducive to accomplish the desired purpose”
Establishes the fundamental principle that parole is discretionary grace, not a right
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Join FLexlaw to unlock all legal intelligenceJohnson is serving a life sentence with a mandatory minimum of 25 years. After serving this mandatory minimum portion, Johnson petitioned for habeas c…
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Third District Court of Appeal
State of Florida
Opinion filed July 30, 2025.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-1026 Lower Tribunal No. F89-42942B
Mark A. Johnson, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Zachary James, Judge.
Mark A. Johnson, in proper person.
James Uthmeier, Attorney General, for appellee.
Before MILLER, BOKOR and GOODEN, JJ.
BOKOR, J.
Mark A. Johnson asserts a right to parole upon serving the 25-year mandatory minimum portion of a life sentence. But no such right exists. This is so because "[p]arole in Florida is granted by the sovereign as a matter of grace rather than of right, and the State may offer such grace under and subject to such conditions as it may consider most conducive to accomplish the desired purpose." Panzavecchia v. Crockett, 379 So. 2d 1047, 1048 (Fla. 1st DCA 1980); see also § 947.002(5), Fla. Stat. (expressing “the intent of the Legislature that the decision to parole an inmate from the incarceration portion of [his] sentence is an act of grace of the state and shall not be considered a right"). The Florida Supreme Court has repeatedly emphasized that chapter 947 of the Florida Statutes provides the structure through which that grace is exercised—“chapter 947 leaves the ultimate parole decision to the discretion of the Commission guided by its rules" and "the final parole decision will depend upon the commission's finding that the prisoner meets the conditions provided in section 947.18.” Fla. Parole & Prob. Commʼn v. Paige, 462 So. 2d 817, 820 (Fla. 1985) (citing May v. Fla. Parole & Prob. Comm’n, 435 So. 2d 834, 837 (Fla. 1983)). We therefore affirm the thorough and well-reasoned order of the trial court denying Johnson's petition for habeas corpus.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. Parole & Prob. Comm'n v. Paige, 462 So. 2d 817 (Fla. 1985)
- MAY v. Fla. Parole & Prob. Comm'n, 435 So. 2d 834 (Fla. 1983)
- Planning Research Co. & Hartford Ins. Grp. v. SHY, 379 So. 2d 1047 (Fla. 1st DCA 1980)