Bundy v. Florida Parole & Probation Commission

District Court of Appeal of Florida

Bundy v. Florida Parole & Probation Commission

419 So. 2d 1181, 1982 Fla. App. LEXIS 21317

CourtDistrict Court of Appeal of Florida

DecidedOctober 6, 1982

DocketNo. AG-375

StatusPublished

This text of 419 So. 2d 1181 (Bundy v. Florida Parole & Probation Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bundy v. Florida Parole & Probation Commission, 419 So. 2d 1181, 1982 Fla. App. LEXIS 21317 (Fla. Ct. App. 1982).

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Opinions

MILLS, Judge.

Bundy appeals Florida Parole and Probation Commission action establishing his presumptive parole release date. We affirm.

Bundy argues that § 947.165(1), Florida Statutes (1981), prohibits an aggravation for exceptionally brutal or heinous behavior because a depraved mind is an element of second degree murder of which he was convicted. We do not agree.

A depraved mind is equated with the common meaning of malice, i.e., ill will, hatred, spite, or evil intent, an indifference to life. Marasa v. State, 394 So.2d 544 (Fla. 5th DCA 1981). This is less than brutal or heinous, in particular, two shootings, strangulation, repeated stabbing, and a beating. Exceptionally brutal behavior is not an element of second degree murder.

No violation of the plea bargain is revealed in the record, nor is this the proper forum to raise this issue.

No abuse of discretion is shown in the Commission’s failure to apply certain mitigating factors.

AFFIRMED.

WIGGINTON, J., concurs. ERVIN, J., dissents with opinion.

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