Opinion
No. AJ-5.
June 18, 1982. Rehearing Denied August 4, 1982.
Appeal from the Florida Parole and Probation Commission.
Melvin Young, pro se.
Rosa Carson, Asst. General Counsel, Tallahassee, for appellee.
We affirm the Commission's determination of Young's presumptive parole release date (PPRD). The Commission properly aggravated Young's PPRD for the use of a weapon in the commission of the crime for which he was convicted, second degree murder. The aggravating factor is not included within the definition of second degree murder. See Florida Administrative Code Rule 23-19.03(1)(a)1.
SHIVERS, J., and CAWTHON, Victor M., Associate Judge, concur.