Scott v. Florida Parole & Probation Commission

District Court of Appeal of Florida

Scott v. Florida Parole & Probation Commission

533 So. 2d 310, 13 Fla. L. Weekly 2451, 1988 Fla. App. LEXIS 4836, 1988 WL 117180

District Court of Appeal of Florida·Decided November 7, 1988·No. No. 88-313·Published·Cited by 2 cases

Opinion

WENTWORTH, Judge.

Appellant sought mandamus in the lower court, contesting his presumptive parole release date. Jordan v. Florida Parole and Probation Commission, 423 So.2d 450 (Fla. 1st DCA 1982), and the other cases upon which appellant relies were decided prior to the amendment of Rule 23-21.-011(3), F.A.C., which now expressly authorizes the aggregation of expired commitments without intervening periods of discharge. Appellant’s petition did not establish a basis for relief, and mandamus was properly denied.

We affirm the order appealed.

ERVIN and ZEHMER, JJ., concur.

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WENTWORTH, Judge.

Appellant sought mandamus in the lower court, contesting his presumptive parole release date. Jordan v. Florida Parole and Probation Commission, 423 So.2d 450 (Fla. 1st DCA 1982), and the other cases upon which appellant relies were decided prior to the amendment of Rule 23-21.-011(3), F.A.C., which now expressly authorizes the aggregation of expired commitments without intervening periods of discharge. Appellant’s petition did not establish a basis for relief, and mandamus was properly denied.

We affirm the order appealed.

ERVIN and ZEHMER, JJ., concur.

Scott v. Florida Parole & Probation Commission, 533 So. 2d 310, 13 Fla. L. Weekly 2451, 1988 Fla. App. LEXIS 4836, 1988 WL 117180 (Fla. Ct. App. 1988).

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