DAVID P. LOPEZ, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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The petitioner sought certiorari relief from a circuit court's denial of mandamus challenging the Florida Parole Commission's rejection of a hearing examiner's recommendation to restore him to conditional release supervision. The appellate court affirmed the circuit court's decision, holding that the petitioner failed to demonstrate denial of procedural due process or misapplication of law, as the Commission was not bound by the examiner's non-binding recommendation.
The petition for certiorari is denied because the petitioner failed to meet his extraordinary burden of showing that the circuit court denied him procedural due process and failed to observe the essential requirements of law. The Parole Commission was not bound by the hearing examiner's non-binding recommendation, and the petitioner's reliance on a distinguishable case was misplaced.
[1] A parole commission is not bound by a hearing examiner's non-binding recommendation regarding conditional release supervision.
[2] A petitioner seeking certiorari relief from a denial of mandamus must demonstrate a denial of procedural due process and a failure to observe the essential requirements o…
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Join FLexlaw to unlock all legal intelligence“The Commission accepted the hearing examiner's finding of guilt upon the petitioner's admission of guilt, but the Commission elected to revoke conditional release supervision.”
Establishes that while the Commission accepted the guilt finding, it retained discretion to reject the examiner's recommendation regarding release
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Join FLexlaw to unlock all legal intelligenceThe petitioner was admitted guilty to a violation of conditional release supervision. A hearing examiner recommended restoration to conditional releas…
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BROWNING, C.J.
The petitioner seeks certiorari relief from the ruling of the circuit court, sitting in its appellate capacity, 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 presumptive parole release date).
The Commission accepted the hearing examiner’s finding of guilt upon the petitioner’s admission of guilt, but the Commission elected to revoke conditional release supervision. The petitioner misplaces his reliance on the materially distinguishable holding in Ellis v. Fla. Parole Comm’n, 911 So. 2d 831, 832-33 (Fla. 1st DCA 2005), in which the Commission improperly rejected the hearing officer’s factual determination that Ellis’ violation was not willful (which was supported by competent substantial evidence) and made its own determination that Ellis had acted willfully and, thus, had violated conditional release. The petitioner has not met his extraordinary burden to show that the circuit court denied him procedural due process and failed to observe the essential requirements of law. See Sheley v. Fla. Parole Comm’n, 703 So. 2d 1202 (Fla. 1st DCA 1997), approved, 720 So. 2d 216 (Fla.1998).
Accordingly, the petition for writ of certiorari is DENIED on the merits.
KAHN and DAVIS, JJ., concur.
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Fla. Parole Comm'n v. Taylor, 132 So. 3d 780 (Fla. 2014)…2, 1183 (Fla. 1st DCA 2006), and distinguished the deference due to a parole examiner’s finding of fact from the FPC’s discretion regarding a parole examiner’s “non-binding” recommendation to restore conditional release. Lopez v. Fla. Parole Comm’n, 943 So. 2d 199, 199 (Fla. 1st DCA 2006); see also Smith v. Fla. Parole Comm’n, 971 So. 2d 1028, 1028 (Fla. 1st DCA 2008) (“Petitioner asserts that the Parole Commission was bound by the hearing examiner’s recommendation that he be reinstated to parole. This argume…
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Bochino v. Fla. Parole Comm'n, 18 So. 3d 613 (Fla. 1st DCA 2009)…DENIED. Lopez v. Florida Parole Commission, 943 So. 2d 199 (Fla. 1st DCA 2006), and Rivera v. Singletary, 707 So. 2d 326 (Fla.1998). HAWKES, C.J., ALLEN and CLARK, JJ., concur.…
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Smith v. Fla. Parole Comm'n, 971 So. 2d 1028 (Fla. 1st DCA 2008)…ssion revoked petitioner’s parole. Petitioner asserts that the Parole Commission was bound by the hearing examiner’s recommendation that he be reinstated to parole. This argument has been rejected by this court in Lopez v. Florida Parole Commission, 943 So. 2d 199 (Fla. 1st DCA 2006) (stating that, a hearing examiner’s recommendation is non-binding). However, the record shows that neither the hearing examiner’s disposition recommendation nor the Parole Commission’s revocation order contained a finding that…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)
- Murray B. Silverstein v. Pub. Med. Assistance Tr. Fund, 911 So. 2d 831 (Fla. 1st DCA 2005)
- Harvard v. Fla. Parole Comm'n, 782 So. 2d 904 (Fla. 1st DCA 2001)