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Calloway v. Fla. Parole Probation

District Court of Appeal of Florida, First District
Jun 4, 1982
414 So. 2d 655 (Fla. Dist. Ct. App. 1982)

Opinion

No. AE-380.

June 4, 1982.

Appeal from the Florida Parole and Probation Commission.

Owen Calloway, Jr., pro se.

Catherine L. Dickson, Tallahassee, for respondent.


Calloway appeals from a final order of the Florida Parole and Probation Commission (Commission) establishing his presumptive parole release date (PPRD). We affirm.

The Commission properly calculated Calloway's salient factor score of two (2) based on the age of his first conviction and his prior conviction for DWI. See Florida Administrative Code Rule 23-19.04(1)(b).

Aggravation was properly applied in establishing his PPRD because Calloway committed his present offense of conviction while on probation for a previous crime. Florida Administrative Code Rule 23-19.03(1)(b).

The offenses for which Calloway was on probation could not be used in calculating his salient factor score since adjudication of guilt was withheld. Florida Administrative Code 23-19.04(1)(a).

McCORD and SHIVERS, JJ., concur.


Summaries of

Calloway v. Fla. Parole Probation

District Court of Appeal of Florida, First District
Jun 4, 1982
414 So. 2d 655 (Fla. Dist. Ct. App. 1982)
Case details for

Calloway v. Fla. Parole Probation

Case Details

Full title:OWEN CALLOWAY, JR., PETITIONER, v. FLORIDA PAROLE AND PROBATION COMMISSION…

Court:District Court of Appeal of Florida, First District

Date published: Jun 4, 1982

Citations

414 So. 2d 655 (Fla. Dist. Ct. App. 1982)

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Aggravation is properly applied in establishing a PPRD when the offender committed his present offense while…