JOHN HESTER, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
Explore caselaw by topic → Browse Presumptive Parole Release Date cases and more on FLexlaw
ERVIN, Judge.
We reverse the order denying appellant’s petition for writ of mandamus. When the Florida Parole Commission (Commission) extended appellant’s presumptive parole release date (PPRD) to February 28, 2008, it gave as one of its reasons therefor a 12-month aggravation for appellant's 1985 burglary and grand theft convictions and, in so doing, relied on information previously known to the Commission. This was error. See Williams v. Parole & Probation Comm’n, 515 So. 2d 1044 (Fla. 1st DCA 1987); Gaines v. Florida Parole & Probation Comm’n, 463 So. 2d 1181 (Fla. 4th DCA), review denied, 475 So. 2d 695 (Fla.1985); §§ 947.172(3), .16(5), .173(3), Fla.Stat. (1989).
REVERSED and REMANDED with directions to the trial court to grant the writ and order the Commission to recalculate appellant’s PPRD without any aggravation for the 1985 burglary and grand theft convictions.
ZEHMER and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Harper v. Fla. Parole Comm'n, 626 So. 2d 336 (Fla. 1st DCA 1993)…mmission cannot change or modify a PPRD except for new information not available at the time of the initial interview, institutional conduct, or exceptional circumstances. §§ 947.16(5) & 947.173(3), Fla.Stat. (1991); Hester v. Florida Parole Comm’n, 619 So. 2d 28 (Fla. 1st DCA 1993); Williams v. Florida Parole & Probation Comm’n, 515 So. 2d 1044 (Fla. 1st DCA 1987); Jackson v. Florida Parole Comm’n, 424 So. 2d 930 (Fla. 1st DCA 1983); Gaines v. Florida Parole & Probation Comm’n, 463 So. 2d 1181 (Fla. 4th DCA…
Authorities Cited
- In re Forfeiture OF ONE 1973 Mercedes 2 Door Convertible, 463 So. 2d 1181 (Fla. 4th DCA 1985)
- Ramos v. S. Fla. Water Mgmt. Dist., 515 So. 2d 1044 (Fla. 3d DCA 1987)
- Williams v. Fla. Parole & Prob. Comm'n, 515 So. 2d 1044 (Fla. 1st DCA 1987)