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Diego v. Fla. Parole Prob. Comm'n

District Court of Appeal of Florida, First District
Nov 24, 1982
422 So. 2d 1014 (Fla. Dist. Ct. App. 1982)

Opinion

No. AL-305.

November 24, 1982.

Appeal from the Parole and Probation Commission.

Adolfo Diego, pro se, appellant.

Malcolm S. Greenfield, Gen. Counsel, Florida Parole and Probation Com'n, Tallahassee, for appellee.


Appellant contends the Parole and Probation Commission (Commission) erred in assigning his presumptive parole release date. We disagree and affirm.

An inmate's term may be extended beyond the matrix guidelines by reason of aggravating factors, but the Commission must give a written explanation for the extension. Baker v. Florida Parole and Probation Commission, 384 So.2d 746 (Fla. 1st DCA 1980). This was done in this case.

The Commission did not err in aggravating appellant's PPRD because of the offense involving the use of a dangerous weapon, the offense resulting in great bodily harm and there being multiple separate offenses. Fla. Admin. Code Rules 23-21.10(4)(a)(1)(a), (b) and (h).

SHAW and WIGGINTON, JJ., concur.


Summaries of

Diego v. Fla. Parole Prob. Comm'n

District Court of Appeal of Florida, First District
Nov 24, 1982
422 So. 2d 1014 (Fla. Dist. Ct. App. 1982)
Case details for

Diego v. Fla. Parole Prob. Comm'n

Case Details

Full title:ADOLFO DIEGO, APPELLANT, v. FLORIDA PAROLE AND PROBATION COMMISSION…

Court:District Court of Appeal of Florida, First District

Date published: Nov 24, 1982

Citations

422 So. 2d 1014 (Fla. Dist. Ct. App. 1982)