JIMMY MCCORVEY, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
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The court held that while the Parole Commission may consider previously known information when suspending a presumptive parole release date, the appellate court cannot review the suspension if the supporting psychological reports are missing from the record.
Jimmy McCorvey appealed the denial of his petition for writ of habeas corpus or mandamus after the Florida Parole Commission suspended his presumptive…
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PER CURIAM.
Upon consideration of appellee’s motion for rehearing, the original opinion is withdrawn and the following opinion substituted therefor. In light of this revised opinion, the motion for rehearing is denied.
Jimmy MeCorvey appeals an order denying his petition for writ of habeas corpus or mandamus filed after the Florida Parole Commission suspended his presumptive parole release date (PPRD). The Commission expressly based the suspension of appellant’s PPRD on information it considered when it initially set the PPRD and on psychological reports that the Commission describes as indicating “underlying hostility and a potential for aggressive behavior.”
We reject McCorvey’s contention that the Commission abused its discretion in suspending his PPRD on the basis of previously-considered information. The law is well settled that, pursuant to section 947.18, Florida Statutes, the Commission may decline to authorize an inmate’s release on the basis of information that was previously considered, or available for consideration, when it set the inmate’s PPRD. Florida Parole and Probation Commission v. Paige, 462 So. 2d 817 (Fla.1985); Parole and Probation Commission v. Bruce, 471 So. 2d 7 (Fla.1985).
However, we are unable to determine whether McCorvey’s second contention, that the psychological reports on which the Commission based the suspension do not support the suspension, is meritorious as the court record does not contain those reports. Adequate review of the Commission’s decision to suspend appellant’s PPRD cannot be performed in the absence of the portions of the inmate’s official record relied on by the Commission to support its recited reasons. Williams v. Florida Parole Commission, 625 So. 2d 926 (Fla. 1st DCA 1993). We reverse and remand to the circuit court for further proceedings consistent with our opinion in Williams.
REVERSED AND REMANDED.
ZEHMER, C.J., and BARFIELD and ALLEN, JJ., concur.
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Myers v. Fla. Parole & Prob. Comm'n, 705 So. 2d 1000 (Fla. 4th DCA 1998)…son v. Florida Parole Comm’n, 639 So. 2d 209, 209-10 (Fla. 1st DCA 1994)(holding that adequate review of the Commission’s action cannot be performed in the absence of the entire record relied on by the Commission); McCorvey v. Florida Parole Comm’n, 625 So. 2d 1296, 1297 (Fla. 1st DCA 1993). REVERSED and REMANDED. GUNTHER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
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Johnson v. Fla. Parole Comm'n, 639 So. 2d 209 (Fla. 1st DCA 1994)…clearly without merit in view of Florida Parole and Probation Commission v. Paige, 462 So. 2d 817 (Fla.1985), and Parole and Probation Commission v. Bruce, 471 So. 2d 7 (Fla.1985). However, as was the case in McCorvey v. Florida Parole Commission, 625 So. 2d 1296 (Fla. 1st DCA 1993), we are unable to determine the validity of Johnson’s contention that the mental health status report does not support the Commission’s action, as the record before this court does not contain a copy of this report. Adequate revi…
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Howard v. Fla. Parole Comm'n, 939 So. 2d 247 (Fla. 1st DCA 2006)…n, 703 So. 2d 1202 (Fla. 1st DCA 1997). A circuit court is required to review the record considered by FPC before entering its final order. See Myers v. Fla. Parole & Prob. Comm’n, 705 So. 2d 1000 (Fla. 4th DCA 1998); McCorvey v. Fla. Parole Comm’n, 625 So. 2d 1296 (Fla. 1st DCA 1993). Petitioner filed a petition for writ of habeas corpus in the circuit court to challenge FPC’s decision. FPC filed a response and cited petitioner’s psychological evaluation, but FPC did not provide a copy of that evaluation to t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Parole & Prob. Comm'n v. Paige, 462 So. 2d 817 (Fla. 1985)
- Williams v. Fla. Parole Comm'n, 625 So. 2d 926 (Fla. 1st DCA 1993)
- Parole & Prob. Comm'n v. Bruce, 471 So. 2d 7 (Fla. 1985)