Rodriguez v. Fla. Parole Probation

Full title: COSME RODRIGUEZ, APPELLANT, v. FLORIDA PAROLE AND PROBATION COMMISSION…

Court: District Court of Appeal of Florida, First District

Date published: Dec 7, 1982

422 So. 2d 336 (Fla. Dist. Ct. App. 1982)

Opinion

No. AH-296.

October 29, 1982. Rehearing Denied December 7, 1982.

Appeal from an Order of the Florida Parole and Probation Commission.

Benedict P. Kuehne of Bierman, Sonnett, Beiley Shohat, Miami, P.A., for appellant.

Malcolm S. Greenfield, Tallahassee, for appellee.

MILLS, Judge.

Rodriguez appeals the establishment of his presumptive parole release date. We affirm.

Rodriguez' crime was committed before the adoption of the objective parole guidelines, see Rodriguez v. State, 379 So.2d 657 (Fla. 3d DCA 1980). His ex post facto argument is controlled by Lopez v. Florida Parole and Probation Commission, 410 So.2d 1354 (Fla. 1st DCA 1982).

The correct offense characteristic and salient factor score were applied.

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.