Schaeffer v. Florida Parole & Probation Commission

District Court of Appeal of Florida

Schaeffer v. Florida Parole & Probation Commission

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

CourtDistrict Court of Appeal of Florida

DecidedJuly 8, 1983

DocketNo. AQ-367

StatusPublished

Cited by1 cases

This text of 434 So. 2d 44 (Schaeffer 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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Schaeffer v. Florida Parole & Probation Commission, 434 So. 2d 44, 1983 Fla. App. LEXIS 20883 (Fla. Ct. App. 1983).

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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.

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