Summary
In Glisson v. Florida Parole and Probation Commission, 420 So.2d 336 (Fla. 1st DCA 1982) [7 FLW 2082], this Court held that "the use of concurrent sentences as aggravating factors... does not encroach on the function of the judiciary and does not violate the separation of powers clause, Article II, Section 3, Florida Constitution."
Summary of this case from Deloach v. Fla. Parole Prob. CommOpinion
No. AI-165.
September 29, 1982. Rehearing Denied October 29, 1982.
Appeal from the State Parole and Probation Commission.
Edward Earl Glisson, pro se, appellant.
No appearance for appellee.
Glisson appeals Florida Parole and Probation Commission action establishing his presumptive parole release date. We affirm.
This court has repeatedly affirmed the use of concurrent sentences as aggravating factors. This use does not encroach on the function of the judiciary and does not violate the separation of powers clause, Article II, Section 3, Florida Constitution. See McRae v. State, 408 So.2d 775 (Fla.2d DCA 1982); Marsh v. Garwood, 65 So.2d 15 (Fla. 1953).
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.