Diego v. Florida Parole & Probation Commission

District Court of Appeal of Florida

Diego v. Florida Parole & Probation Commission

422 So. 2d 1014, 1982 Fla. App. LEXIS 21691

CourtDistrict Court of Appeal of Florida

DecidedNovember 24, 1982

DocketNo. AL-305

StatusPublished

This text of 422 So. 2d 1014 (Diego 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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Diego v. Florida Parole & Probation Commission, 422 So. 2d 1014, 1982 Fla. App. LEXIS 21691 (Fla. Ct. App. 1982).

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Opinion

JOANOS, Judge.

Appellant contends the Parole and Probation Commission (Commission) erred in assigning his presumptive parole release date. We disagree and affirm.

An inmate’s term may be extended beyond the matrix guidelines by reason of aggravating factors, but the Commission must give a written explanation for the extension. Baker v. Florida Parole and Probation Commission, 384 So.2d 746 (Fla. 1st DCA 1980). This was done in this case.

The Commission did not err in aggravating appellant’s PPRD because of the offense involving the use of a dangerous weapon, the offense resulting in great bodily harm and there being multiple separate offenses. Fla.Admin.Code Rules 23-21.-10(4)(a)(l)(a), (b) and (h).

SHAW and WIGGINTON, JJ., concur.

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