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Lamar v. Fla. Parole Probation Comm

District Court of Appeal of Florida, First District
May 24, 1983
430 So. 2d 948 (Fla. Dist. Ct. App. 1983)

Opinion

No. AP-274.

April 21, 1983. Rehearing Denied May 24, 1983.

Appeal from the State Parole and Probation Commission.

James Carter Lamar, pro se.

John C. Courtney, Asst. Gen. Counsel, Orlando, Florida Parole and Probation Com'n, for appellee.


Appellant asserts that the Commission erred in considering his concurrent convictions as aggravating factors when it established his presumptive parole release date (PPRD). This court has repeatedly held that concurrent convictions, not used in establishing the salient factor score, are proper aggravating factors. Perkins v. Florida Parole Probation Commission, 414 So.2d 264 (Fla. 1st DCA 1982); Griggs v. Florida Parole Probation Commission, 420 So.2d 367 (Fla. 1st DCA 1982). We note, however, that these cases are founded upon Florida Administrative Code Rule 23-19.01(5), which was repealed on September 10, 1981. As appellant's initial interview was conducted after that date, the repealed rule does not apply. We approve the Commission action, however, on the basis of Rule 23-21.10 which provides in part:

23-21.10 Decision Outside the Matrix Time Range.

(1) The Commission may render a decision outside the matrix time range based on any competent and persuasive evidence relevant to aggravating or mitigating circumstances. . . .

Affirmed.

ERVIN and NIMMONS, JJ., concur.


Summaries of

Lamar v. Fla. Parole Probation Comm

District Court of Appeal of Florida, First District
May 24, 1983
430 So. 2d 948 (Fla. Dist. Ct. App. 1983)
Case details for

Lamar v. Fla. Parole Probation Comm

Case Details

Full title:JAMES CARTER LAMAR, APPELLANT, v. FLORIDA PAROLE PROBATION COMMISSION…

Court:District Court of Appeal of Florida, First District

Date published: May 24, 1983

Citations

430 So. 2d 948 (Fla. Dist. Ct. App. 1983)

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