FOREST LEE RICHARDSON, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
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SHIVERS, Judge.
This appeal challenges action by the Florida Parole and Probation Commission establishing a presumptive parole release date. This court has emphasized the Commission’s statutory and rule obligation to adequately explain its decision to aggravate a prisoner’s presumptive parole release date. Baker v. Florida Parole and Probation Commission, 384 So. 2d 746 (Fla. 1st DCA 1980); Battis v. Florida Parole and Probation Commission, 386 So. 2d 295 (Fla. 1st DCA 1980). This appeal arose primarily because the Commission initially did not explain its decision to aggravate. We affirm the Commission’s action only because it provided a marginally acceptable explanation of its action in an amendment one day before appellant filed his notice of appeal. The Commission is directed to comply with the letter and spirit of the statute and rules requiring an adequate explanation of its decisions.
McCORD and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fields v. Fla. Parole & Prob. Comm'n, 419 So. 2d 772 (Fla. 1st DCA 1982)…e lower court or to this Court. The Commission has a statutory duty to specify with individual particularity the reasons for going outside the matrix time-frame to aggravate or mitigate. § 947.172(2), Fla.Stat. (1979). See also, Richardson v. FPPC, 417 So. 2d 727 (Fla. 1st DCA 1982); Jacobson v. FPPC, 407 So. 2d 611 (Fla. 1st DCA 1981); Battis v. FPPC, 386 So. 2d 295 (Fla. 1st DCA 1980); and Baker v. FPPC, 384 So. 2d 746 (Fla. 1st DCA 1980). It appears that under the Ancient Prior Record Rule the Commission…
Authorities Cited
- Baker v. Fla. Parole & Prob. Comm'n, 384 So. 2d 746 (Fla. 1st DCA 1980)
- Battis v. Fla. Parole & Prob. Comm'n, 386 So. 2d 295 (Fla. 1st DCA 1980)