FRANKLIN D. PRINCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1982-11-16
No. AO-111
SHAW and WIGGINTON, JJ., concur.
421 So. 2d 791 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 2 cases

Opinion of the Court
JOANOS, Judge.

JOANOS, Judge.

In an appeal from the denial of a motion for post-conviction relief or correction of sentence, appellant complains that the trial court erred in making a recommendation pertaining to parole in an order relating to sentencing. Sentencing judges have traditionally made recommendations as to incarceration and parole. While the recommendation has no binding effect, since the Parole and Probation Commission determines who shall be placed on parole and the time and conditions of parole. Section 947.13, Florida Statutes, no error was committed.

AFFIRMED.

SHAW and WIGGINTON, JJ., concur.


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  • Easton v. State, 472 So. 2d 1369 (Fla. 3d DCA 1985)
    …before us that one may be on probation when he is released before his specified prison sentence has run. Second, the order would improperly negate (a) the exclusive authority of the Department of Corrections to allot gain time, see Prince v. State, 421 So. 2d 791 (Fla. 1st DCA 1982); (b) the very purpose of permitting gain time as a “reward” for good behavior, see section 944.275, Florida Statutes (1983); and (c) the specific statutory provision that, when the Department releases a prisoner on account of ear…
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    …pport or, in the alternative, fall within the category of trial tactics and strategy. To the extent that the trial court’s order addresses these alleged errors, it is affirmed. See Lyons v. State, 422 So. 2d 1018 (Fla. 1st DCA 1982); Pitts v. State, 421 So. 2d 791 (Fla. 1st DCA 1982); Armstrong v. State, 429 So. 2d 287 (Fla.1983); and Gulley v. State, 436 So. 2d 1042 (Fla. 1st DCA 1983). Notwithstanding our affirmance as to certain of the matters raised, we find that appellant’s motion contains other allega…

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