WILLIS F. OWENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BOYER, Judge.
Appellant, defendant in the trial court, entered a plea of guilty to murder in the second degree and was sentenced to life imprisonment. The trial judge recommended that should appellant be paroled that he be not allowed to return to Oka-loosa County, Florida. Appellant urges that recommendation as reversible error. A trial court has no authority to grant a parole. That power is vested solely in the Parole Commission. However, the trial court is not precluded from recommending conditions of parole. Such recommendations may be either accepted or rejected by the Parole Commission. The sentence imposed by the trial judge was lawful. Even had the trial judge’s recommendation to the Parole Commission been error it would have constituted harmless error and not a ground for reversal.
Affirmed.
RAWLS, C. J., and McCORD, J., concur.
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Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983)…ourt appointed counsel, a fine of $952.38, and a surcharge of $47.62 as required by section 960.25. The court made payment of these sums a condition of parole. Although a court is not precluded from recommending conditions of parole, Owens v. State, 308 So. 2d 171 (Fla. 1st DCA 1975), the Parole and Probation Commission is solely vested with the power to establish conditions of parole. § 947.13(l)(b), Fla.Stat. (1981). Accordingly, we strike those portions ordering payment of the lien, fine, and surcharge as…
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Peters v. State, 984 So. 2d 1227 (Fla. 2008)…e also Holston v. Fla. Parole & Probation Comm’n, 394 So. 2d 1110, 1111 (Fla. 1st DCA 1981) (“The commission is not, of course, a sentencing court.”). Moreover, the authority to grant parole is vested solely in the Parole Commission. Owens v. State, 308 So. 2d 171, 171 (Fla. 1st DCA 1975); see also § 947.13(1)(a), Fla. Stat. (2003) (stating that the Parole Commission has the power to determine what persons shall be placed on parole). The Parole Commission administers parole. Floyd v. Parole & Probation Comm’n…
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Samuel S.J. Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983)…erve that portions of the order required that appellant pay the fine, costs, restitution and medical bills either during incarceration or as conditions of parole. While a court is not precluded from recommending conditions of parole, Owens v. State, 308 So. 2d 171 (Fla. 1st DCA 1975), the Parole and Probation Commission is solely vested with the power to establish conditions of parole. § 947.13(1)(b), Fla. Stat. (1981). In our view, these portions of the order here amounted to an improper establishment of con…
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