WILLIAM HARVARD, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
Explore caselaw by topic → Browse Presumptive Parole Release Date cases and more on FLexlaw
PER CURIAM.
In his petition for writ of certiorari, William Harvard seeks review of an order of the circuit court denying his petition styled “Petition to Invoke All Writs.” By his petition to the circuit court, Harvard challenged the presumptive parole release date (PPRD) set by the Florida Parole Commission; arguing that the Commission erred in setting a PPRD different than the PPRD recommended by the parole examiner. The cases cited by Harvard are inapposite, as these cases concern the Commission setting a second PPRD based upon factors considered in establishing the first PPRD. By contrast, in the instant case, the Commission has set only one PPRD and the Commission is not bound by the recommendation of the parole examiner. See Dornau v. Florida Parole and Probation Comm’n, 420 So. 2d 894 (Fla. 1st DCA 1982). Accordingly, petitioner has failed to demonstrate that he was denied due process of law or that the circuit court applied the incorrect law. See Sheley v. Florida Parole Comm’n, 720 So. 2d 216 (Fla.1998).
The petition for writ of certiorari is DENIED.
BOOTH, KAHN and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lopez v. Fla. Parole Comm'n, 943 So. 2d 199 (Fla. 1st DCA 2006)…pacity, denying certiorari and mandamus relief from the Florida Parole Commission’s decision to reject the hearing examiner’s non-binding recommendation to restore the petitioner to conditional release supervision. See Harvard v. Fla. Parole Comm’n, 782 So. 2d 904 (Fla. 1st DCA 2001) (concluding that petitioner failed to show denial of due process of law or misapplication of law by circuit court, sitting in its appellate capacity, where Commission was not bound by parole examiner’s recommendation of a presump…
Authorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Dornau v. Fla. Parole & Prob. Comm'n, 420 So. 2d 894 (Fla. 1st DCA 1982)