Shannon v. Turner

District Court of Appeal of Florida

Shannon v. Turner

432 So. 2d 204, 1983 Fla. App. LEXIS 27794

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 1983

DocketNo. 83-558

StatusPublished

Cited by2 cases

This text of 432 So. 2d 204 (Shannon v. Turner) 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

Shannon v. Turner, 432 So. 2d 204, 1983 Fla. App. LEXIS 27794 (Fla. Ct. App. 1983).

Pincite

Opinion

[205]*205ON MOTION FOR REHEARING AND CLARIFICATION

PÉR CURIAM.

We withdraw our opinion filed May 11, 1983 and substitute the following opinion in its place.

Petitioner seeks review of his presumptive parole release date. We treat the petition for habeas corpus as a petition for mandamus directed against the FPPC. Pannier v. Wainwright, 423 So.2d 533 (Fla. 5th DCA 1982); Harrisson v. Florida Parole and Probation Commission, 428 So.2d 388 (Fla. 4th DCA 1983). We grant the writ and order the Commission to recompute petitioner’s PPRD without using his expired 1973 robbery sentence in aggregation. An expired sentence may not be used in aggregation. Jordan v. Florida Parole and Probation Commission, 423 So.2d 450 (Fla. 1st DCA 1982).

Writ Granted.

HERSEY, HURLEY and DELL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

[205]*205ON MOTION FOR REHEARING AND CLARIFICATION

PÉR CURIAM.

We withdraw our opinion filed May 11, 1983 and substitute the following opinion in its place.

Petitioner seeks review of his presumptive parole release date. We treat the petition for habeas corpus as a petition for mandamus directed against the FPPC. Pannier v. Wainwright, 423 So.2d 533 (Fla. 5th DCA 1982); Harrisson v. Florida Parole and Probation Commission, 428 So.2d 388 (Fla. 4th DCA 1983). We grant the writ and order the Commission to recompute petitioner’s PPRD without using his expired 1973 robbery sentence in aggregation. An expired sentence may not be used in aggregation. Jordan v. Florida Parole and Probation Commission, 423 So.2d 450 (Fla. 1st DCA 1982).

Writ Granted.

HERSEY, HURLEY and DELL, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

432 So. 2d 204, 1983 Fla. App. LEXIS 27794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-v-turner-fladistctapp-1983.

Opinion

Related

Cite This Page — Counsel Stack