ROBERT L. JOHNSON, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
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The court reversed the denial of mandamus relief and remanded because the record lacked the mental health status report that the Parole Commission relied upon, preventing adequate appellate review.
A court cannot adequately review a Parole Commission decision suspending a presumptive parole release date without the mental health report expressly relied upon by the Commission.
[1] An appellate court cannot adequately review a parole commission's decision without access to the specific documents and reports expressly relied upon by the commission in…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Adequate review of the Commission's action cannot be performed in the absence of the portions of the inmate's official record expressly relied on by the Commission.”
The court explaining why it could not review the Commission's decision without the mental health report in the record.
Johnson appealed after the Florida Parole Commission declined to authorize his effective parole release date and suspended his presumptive parole rele…
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PER CURIAM.
Johnson appeals an order denying his petition for writ of mandamus, filed after the Florida Parole Commission declined to authorize his effective parole release date, and suspended his presumptive parole release date (PPRD). The Commission predicated its action upon the facts of appellant’s crimes and his prior record, and conclusions reached as result of appellant’s “latest mental health status report.” Appellant’s argument that the Commission erred in considering the facts of his crimes and his prior record, where those factors had been considered in setting his PPRD, is 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 review of the Commission’s action cannot be performed in the absence of the portions of the inmate’s official record expressly relied on by the Commission. Williams v. Florida Parole Commission, 625 So. 2d 926 (Fla. 1st DCA 1993). Accordingly, we reverse and remand to the circuit court for further proceedings consistent our opinions in Williams and McCorvey.
REVERSED AND REMANDED.
SMITH, JOANOS and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Myers v. Fla. Parole & Prob. Comm'n, 705 So. 2d 1000 (Fla. 4th DCA 1998)…ns. On remand, and after the Commission responds to the alternative writ of mandamus, the trial court will be required to review the entire record considered by the Commission prior to entering its final order. See Johnson 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).…
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L.A. Horsted v. Fla. Parole Comm'n, 673 So. 2d 891 (Fla. 1st DCA 1996)…ve parole release date on basis of information previously considered when presumptive release date was set is not an abuse of discretion); May v. Florida Parole & Probation Commission, 435 So. 2d 834 (Fla.1983); Johnson v. Florida Parole Commission, 639 So. 2d 209 (Fla. 1st DCA 1994). ALLEN, WEBSTER and MICKLE, JJ., concur.…
Authorities 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)
- McCORVEY v. Fla. Parole Comm'n, 625 So. 2d 1296 (Fla. 1st DCA 1993)