KENNETH WAYNE KOLB
v.
FLORIDA COMMISSION ON OFFENDER REVIEW
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Good cause in exceptional circumstances constitutes a valid standalone basis for extending a presumptive parole release date.
[1] Good cause in exceptional circumstances constitutes a valid standalone basis for extending a presumptive parole release date under Florida law.
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Join FLexlaw to unlock all legal intelligenceKenneth Wayne Kolb is serving a parole-eligible life sentence for a 1979 murder. The Florida Commission on Offender Review extended his presumptive pa…
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February 28, 2024 PER CURIAM.
Petitioner is serving a parole-eligible life sentence for a murder committed in 1979. Respondent, Florida Commission on Offender Review, extended Petitioner’s Presumptive Parole Release Date (PPRD) for twenty-four months, based on “good cause in exceptional circumstances.”
Petitioner challenged the extension of his PPRD via a petition for writ of mandamus. The circuit court denied that petition, and Petitioner now seeks a writ of certiorari in this Court.
Good cause in exceptional circumstances may be used as a stand-alone basis for extending a PPRD. See Currie v. Comm’n on
Offender Rev., 295 So. 3d 339, 340 (Fla. 1st DCA 2020); McKahn v. Fla. Parole & Prob. Comm’n, 399 So. 2d 476, 478 (Fla. 1st DCA 1981). Accordingly, the circuit court did not depart from the essential requirements of law by denying mandamus relief.
The Court denies the petition for writ of certiorari on the merits.
LEWIS, M.K. THOMAS, and LONG, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Cited By
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Fields v. Fla. Comm'n on Offender Review (Fla. 1st DCA 2024)…e the circuit court provided the petitioner with procedural due process and applied the correct law, the writ is denied on the merits. See Florida Parole Comm’n v. Taylor, 132 So. 3d 780, 783 (Fla. 2014); see also Currie v. Comm’n on Offender Rev., 295 So. 3d 339, 340 (Fla. 1st DCA 2020) (denying writ of certiorari; circuit court applied correct law to deny relief on appellate review of Commission’s extension of presumptive parole release date based on “new information”). DENIED. LEWIS, BILBREY, and LONG, J…
Authorities Cited
- Alcene McKAHN v. Fla. Parole & Prob. Comm'n, 399 So. 2d 476 (Fla. 1st DCA 1981)