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McCant v. St., Parole Prob. Com'n

District Court of Appeal of Florida, Second District
Nov 21, 1986
497 So. 2d 1315 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2200.

November 21, 1986.

Appeal from the Circuit Court, Hendry County, James R. Adams, J.

Jerry McCant, pro se.

Jim Smith, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellee.


This is an appeal from the trial court's denial of defendant's petition for a writ of mandamus to require the parole and probation commission to hold a parole interview. We recognize that whether or not to grant such an interview is discretionary. See § 947.16(2)(f), Fla. Stat. (1985). However, the record shows that defendant was denied an interview on the basis that he was serving a sentence imposed under the sentencing guidelines whereas defendant was also serving a nonguidelines sentence.

We affirm the trial court. The petitioner, however, is not barred from again requesting the commission to consider his statutory sentence.

DANAHY, C.J., and LEHAN and FRANK, JJ., concur.


Summaries of

McCant v. St., Parole Prob. Com'n

District Court of Appeal of Florida, Second District
Nov 21, 1986
497 So. 2d 1315 (Fla. Dist. Ct. App. 1986)
Case details for

McCant v. St., Parole Prob. Com'n

Case Details

Full title:JERRY McCANT, APPELLANT, v. STATE OF FLORIDA, PAROLE AND PROBATION…

Court:District Court of Appeal of Florida, Second District

Date published: Nov 21, 1986

Citations

497 So. 2d 1315 (Fla. Dist. Ct. App. 1986)