RICHARD L. DUGGER, ETC., PETITIONER,
v.
HAROLD CARPENTER HUBBARD, RESPONDENT
OVERTON, Justice.
In Hubbard v. Dugger, 590 So. 2d 1031, 1032 (Fla. 1st DCA 1991), the First District Court of Appeal certified the following question as one of great public importance:
MAY THE DEPARTMENT OF CORRECTIONS RELY ON INFORMATION TAKEN FROM AN ARREST REPORT WHICH IS INCLUDED IN THE [PRE-SENTENCE INVESTIGATION REPORT] AS THE SOLE BASIS FOR DETERMINING AN INMATE’S ELIGIBILITY FOR PROVISIONAL CREDITS PURSUANT TO SECTION 944.277, FLORIDA STATUTES[?]
Wé have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
We answered the identical question in the affirmative in Dugger v. Grant, 610 So. 2d 428 (Fla.1992). In accordance with that decision, we quash the decision of the district court in the instant case.
It is so ordered.
McDonald, GRIMES and HARDING, JJ., concur. KOGAN, J., dissents with an opinion, in which BARKETT, C.J., and SHAW, J., concur.
KOGAN, Justice,
dissenting.
I respectfully dissent. I would answer the question certified in the negative and approve the decision below for the reasons stated in my dissent in Dugger v. Grant, 610 So. 2d 428 (Fla.1992).
BARKETT, C.J., and SHAW, J., concur.
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Citator
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Williams v. Fla. Parole Comm'n, 625 So. 2d 926 (Fla. 1st DCA 1993)…available under section 120.68 in administrative proceedings, as suggested in the motion for rehearing. Secondly, the motion for rehearing relies on the supreme court’s decisions in Dugger v. Grant, 610 So. 2d 428 (Fla.1992), and Dugger v. Hubbard, 610 So. 2d 433 (Fla.1992), for the proposition that the Commission may rely solely on “old” information contained in a presentence investigation report to deny release on parole under section 947.18 and that it need not give any consideration to new or current inf…
Authorities Cited
- Dugger v. Wiley Jerome Grant, 610 So. 2d 428 (Fla. 1992)
- Hubbard v. Dugger, 590 So. 2d 1031 (Fla. 1st DCA 1991)