McCant v. State, Parole & Probation Commission

District Court of Appeal of Florida

McCant v. State, Parole & Probation Commission

497 So. 2d 1315, 11 Fla. L. Weekly 2453, 1986 Fla. App. LEXIS 10726

CourtDistrict Court of Appeal of Florida

DecidedNovember 21, 1986

DocketNo. 85-2200

StatusPublished

This text of 497 So. 2d 1315 (McCant v. State, 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.

Bluebook

McCant v. State, Parole & Probation Commission, 497 So. 2d 1315, 11 Fla. L. Weekly 2453, 1986 Fla. App. LEXIS 10726 (Fla. Ct. App. 1986).

Pincite

Opinion

PER CURIAM.

This is an appeal from the trial court’s denial of defendant’s petition for a writ of mandamus to require the parole and probation commission to hold a parole interview. We recognize that whether or not to grant such an interview is discretionary. See § 947.16(2)(f), Fla.Stat. (1985). However, the record* shows that defendant was denied an interview on the basis that he was serving a sentence imposed under the sentencing guidelines whereas defendant was also serving a nonguidelines sentence.

We affirm the trial court. The petitioner, however, is not barred from again requesting the commission to consider his statutory sentence.

DANAHY, C.J., and LEHAN and FRANK, JJ., concur.

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PER CURIAM.

This is an appeal from the trial court’s denial of defendant’s petition for a writ of mandamus to require the parole and probation commission to hold a parole interview. We recognize that whether or not to grant such an interview is discretionary. See § 947.16(2)(f), Fla.Stat. (1985). However, the record* shows that defendant was denied an interview on the basis that he was serving a sentence imposed under the sentencing guidelines whereas defendant was also serving a nonguidelines sentence.

We affirm the trial court. The petitioner, however, is not barred from again requesting the commission to consider his statutory sentence.

DANAHY, C.J., and LEHAN and FRANK, JJ., concur.

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Bluebook (online)

497 So. 2d 1315, 11 Fla. L. Weekly 2453, 1986 Fla. App. LEXIS 10726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccant-v-state-parole-probation-commission-fladistctapp-1986.