Schaeffer v. Florida Parole & Probation Commission

434 So. 2d 44, 1983 Fla. App. LEXIS 20883

Opinion

MILLS, Judge.

Schaeffer appeals Commission action establishing his presumptive parole release date. We affirm.

Whether credit is given for time on parole is within the Commission’s discretion. Section 947.21, Florida Statutes (1981); Coleman v. Wainwright, 323 So.2d 581 (Fla.1975).

The Commission correctly aggregated Schaeffer’s times after including a point for a parole revocation in his second commitment, Nord v. Fla. Parole & Probation Com’n, 417 So.2d 1176 (Fla. 1st DCA 1982).

Schaeffer’s ex post facto argument is controlled by our opinions in Lopez v. Fla. Parole & Probation Com’n, 410 So.2d 1354 (Fla. 1st DCA 1982), and May v. Fla. Parole & Probation Com’n, 424 So.2d 122 (Fla. 1st DCA 1982).

AFFIRMED.

BOOTH and SHIVERS, JJ., concur.