Wilson v. Florida Parole Commission

District Court of Appeal of Florida

Wilson v. Florida Parole Commission

638 So. 2d 205, 1994 Fla. App. LEXIS 6323, 1994 WL 275097

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 1994

DocketNo. 93-1601

StatusPublished

Cited by1 cases

This text of 638 So. 2d 205 (Wilson v. Florida Parole 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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Wilson v. Florida Parole Commission, 638 So. 2d 205, 1994 Fla. App. LEXIS 6323, 1994 WL 275097 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

Gary Wilson appeals the denial of a petition for writ of mandamus. He seeks to be declared eligible for consideration for control release from state prison, where he is serving concurrent sentences after convictions for lewd, lascivious or indecent acts or assaults upon a child under the age of sixteen. We have today addressed the issue raised by Wilson’s appeal in Gramegna v. State, 638 So.2d 205 (Fla. 1st DCA 1994), and have certified the following question to the Supreme Court of Florida as one of great public importance:

WHETHER AN ARRESTING OFFICER’S AFFIDAVIT MAY BE USED TO DENY CONTROL RELEASE ELIGIBILITY, UNDER SECTION 947.-146(3)(C), FLORIDA STATUTES (1993), WHERE THE INFORMATION, INDICTMENT, BILL OF PARTICULARS AND JUDGMENT OF CONVICTION DO NOT ESTABLISH A DISQUALIFYING CONVICTION?

The denial of the petition for writ of mandamus is affirmed and the question is certified to the Supreme Court of Florida.

ZEHMER, C.J., and KAHN and BENTON, JJ., concur.

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PER CURIAM.

Gary Wilson appeals the denial of a petition for writ of mandamus. He seeks to be declared eligible for consideration for control release from state prison, where he is serving concurrent sentences after convictions for lewd, lascivious or indecent acts or assaults upon a child under the age of sixteen. We have today addressed the issue raised by Wilson’s appeal in Gramegna v. State, 638 So.2d 205 (Fla. 1st DCA 1994), and have certified the following question to the Supreme Court of Florida as one of great public importance:

WHETHER AN ARRESTING OFFICER’S AFFIDAVIT MAY BE USED TO DENY CONTROL RELEASE ELIGIBILITY, UNDER SECTION 947.-146(3)(C), FLORIDA STATUTES (1993), WHERE THE INFORMATION, INDICTMENT, BILL OF PARTICULARS AND JUDGMENT OF CONVICTION DO NOT ESTABLISH A DISQUALIFYING CONVICTION?

The denial of the petition for writ of mandamus is affirmed and the question is certified to the Supreme Court of Florida.

ZEHMER, C.J., and KAHN and BENTON, JJ., concur.

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638 So. 2d 205, 1994 Fla. App. LEXIS 6323, 1994 WL 275097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-florida-parole-commission-fladistctapp-1994.

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