CopyCited 32 times | Published | Florida 1st District Court of Appeal
...Reply brief** served 25 days after date of service of answer brief (by mail) * Action to be taken by commission clerk. ** A reply brief does not have to be filed and the court may determine the appeal prior to the expiration of time for service of the reply brief. NOTES [1] Section 947.165, Florida Statutes (1979); Chapters 19-23, Florida Administrative Code....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 19632
...The Parole Act required the Commission to adopt parole “guidelines,” creating presumptive parole release dates based on the “seriousness of the offense” committed and “the likelihood of a favorable parole outcome,” and to consider these guidelines in making release decisions. Fla.Stat.Ann. § 947.165 (1983 Supp.)....
...“objective guidelines” to channel its decision making. These guidelines must be “developed according to an acceptable research method and ... based on the seriousness of offense and the likelihood of favorable parole outcome.” Fla.Stat.Ann. § 947.165(1) (1983 Supp.). They must also be revised yearly to take into account the latest statistical data regarding prior parole decision results. Id. at 947.165(2)....
...welfare of society.” Fla.Stat.Ann. §
947.18 (1983 Supp.); see also Gobie v. Florida Parole and Probation Commission,
416 So.2d 838 (Fla.App.1982). *1180 Moreover, the guidelines were based on prisoner and parolee case histories, see Fla. StatAnn. §
947.165(1) & (2) (1983 Supp.), and called for inmates to serve terms equivalent to those served by previous offenders who committed the same crime and constituted a similar parole risk....
CopyCited 14 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 57, 1985 Fla. LEXIS 2879
...nes Act has restricted the Commission's previously unbounded discretion in granting parole. The Objective Parole Guidelines Act's ultimate intent is to prevent arbitrary and capricious action by the Commission. §
947.002(1), Fla. Stat. (1981). *820 Section
947.165(1), Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 10537, 1993 WL 414240
...In addressing these issues it is necessary to briefly review the statutes and rules governing the Commission's responsibilities when conducting an inmate's EPRD review and determining to defer the EPRD. It likewise is necessary to review the court's role in affording limited judicial review of the Commission's action. Section 947.165(1), Florida Statutes (1989), sets forth the following mandate to the Commission: The commission shall develop and implement objective parole guidelines which shall be the criteria upon which parole decisions are made....
...idelines Act has restricted the Commission's previously unbounded discretion in granting parole. The Objective Parole Guidelines Act's ultimate intent is to prevent arbitrary and capricious action by the Commission. §
947.002(1), Fla. Stat. (1981). Section
947.165(1), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16898
..., it was precluded from extending petitioner's term for the aggravating factor of "shots fired" as this is using the same factor use of a weapon to determine the initial matrix range as well as to "aggravate" beyond that range, in violation of Section 947.165(1), Florida Statutes (1979)....
...Sections
947.172(2), (3), Florida Statutes (1979); Department of Parole and Probation Commission Rules, Ch. 23-19, Objective Parole *748 Criteria Rule 23-19.01, Florida Administrative Code ("Guidelines"). Petitioner's second claim deserves closer examination. Section
947.165(1) states in relevant part: "Factors used in arriving at the salient factor score and the severity of offense behavior category shall not be applied as aggravating circumstances." This is, in part, why the reason for a decision outside the Guidelines requires a "statement in writing ......
CopyCited 9 times | Published | Supreme Court of Florida | 1983 Fla. LEXIS 2673
...nt due to gain time during the portion of the sentence over which jurisdiction was retained. Thus, the subsequently enacted statute imposed a new obstacle to parole and cut off a statutory right to gain time. [5] §
947.16(1), Fla. Stat. (1979). [6] §
947.165, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636
...to aggravating and mitigating circumstances." §
947.172(2), Fla. Stat.; see also §
947.005(5), Fla. Stat. (2009) (defining "Presumptive Parole Release Date" as the tentative parole release date "as determined by objective parole guidelines"). [7] Section
947.165, Florida Statutes (2009), directs the Commission to develop and implement the objective parole guidelines, "which shall be the criteria upon which parole decisions are made." §
947.165(10), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1990 WL 48659
...Florida Parole and Probation Commission,
289 So.2d 719, 720 (Fla.), cert. denied,
417 U.S. 935,
94 S.Ct. 2649,
41 L.Ed.2d 239 (1974), and that the Commission has a concomitant legal duty to establish an inmate's presumptive parole release date in accordance with objective parole guidelines. §
947.165, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...idelines Act has restricted the Commission's previously unbounded discretion in granting parole. The Objective Parole Guidelines Act's ultimate intent is to prevent arbitrary and capricious action by the Commission. §
947.002(1), Fla. Stat. (1981). Section
947.165(1), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 8
...hich go to make up the crime for which the defendant is being sentenced. We would analogize the rule applicable in determining presumptive parole release dates to the rule applicable to aggravating sentences. The legislature specifically provided in section 947.165 that factors used in arriving at the salient factor score and the severity of offense behavior category in parole matters shall not be applied as aggravating circumstances....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...in a proceeding under §
120.56 Fla. Stat. (1979). The challenge was denied. We affirm. Lopez was convicted of second degree murder in 1977. At that time parole consideration was in the discretion of the Parole and Probation Commission, §
947.16 Fla. Stat. (1977). Pursuant to §
947.165 Fla....
...Lopez now challenges the amendment of Rule 23-19.05 F.A.C., contending that the March rules should have been used. Lopez makes two arguments which require discussion. First, he argues that the Commission exceeded its authority by not complying with § 947.165 Fla....
...se. The Commission relied on its collective experience in the area of parole release dates when it enacted the June amendments. Several months use of the March rules had convinced the Commissioners that the original times were too low. Section *1355 947.165(2) Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 49606
...'s behavior while released on parole from 1984-87, citing Carr v. Fla. Parole and Probation Comm'n,
510 So.2d 995 (Fla. 1st DCA 1987). In Carr, this court upheld the Commission's rule permitting aggravation based on alcohol abuse, as consistent with §
947.165(1)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2714, 1988 Fla. App. LEXIS 5553, 1988 WL 133955
...General Counsel, Florida Parole Com'n, Tallahassee, for appellee. WIGGINTON, Judge. Gattis appeals the trial court's "Order Denying Petition for Extraordinary Relief" wherein the court considered Gattis' petition for writ of habeas corpus and concluded that sections
947.165 and
947.1745(4), Florida Statutes (1987), are constitutional and that there was no basis or showing of entitlement to extraordinary relief....
...entencing court, extended his PPRD twenty-four months for a new date of August 24, 1989. Thereafter, in December 1987, Gattis filed his petition for writ of habeas corpus challenging the Commission action extending his PPRD and arguing that sections
947.165(1) and
947.1745(4) violate the separation of powers provision of article II, section 3, of the Florida Constitution, as well as violate the constitutional provision against ex post facto laws....
...If there is objection by the court, such objection may constitute good cause in exceptional circumstances as described in s.
947.173, and the commission may schedule a subsequent review within 2 years, extending the presumptive parole release date beyond that time. In turn, section
947.165(1) was amended to include the provision that ......
...ed for in s.
947.1745(4), such objection may be used by the commission as a basis to extend the presumptive parole release date. Based on the foregoing, we find no violation of chapter 947 in the Commission's action. Neither do we hold that sections
947.165(1) and
947.1745(4) unconstitutionally invade the separation of powers clause of the Florida Constitution by, according to Gattis, returning jurisdiction to the sentencing court to approve or disprove a PPRD granted by the Parole Commission....
...Florida,
432 U.S. 282,
97 S.Ct. 2290,
53 L.Ed.2d 344 (1977), wherein it was held that the new death penalty statute simply altered the methods employed in determining whether the death penalty was to be imposed. Similarly, in the instant case, the amended sections
947.165(1) and
947.1745(4) represent a mere procedural change in or enlargement of the manner by which the Commission may exercise its discretion....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ved concurrent sentences (five years being the longest), and subsequently was also convicted for escape, receiving a one year consecutive sentence. He argues that the Commission's aggregation rule above referred to violates the legislative intent of Section 947.165(1), Florida Statutes (1981), which provides that factors used in arriving at the salient factor score and the severity of offense behavior category shall not be applied as aggravating circumstances....
...e 32-48 month range. These time ranges, added together, yielded 78 months, which resulted in a PPRD of February 12, 1985. Appellant's contention that the aggregation rule is in violation of the statute overlooks the fact that under subsection (1) of Section 947.165, the Commission is given broad authority to develop and implement objective parole guidelines, the only requirement being that the guidelines "shall be developed according to an acceptable research method and shall be based on the ser...
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...es," because the Commission had placed petitioner's offense characteristic in a higher matrix time range than it should have been. In Daizi, the Fourth District also granted habeas corpus, subject to parole provisions. Based on its interpretation of § 947.165(1) and Rule 23-19.03 that the Commission may not use factors relied on in arriving at the salient factor score to aggravate the applicable matrix time range, the court invalidated an aggravation for a concurrent conviction, which the Commission was authorized to impose under Rule 23-19.01(5)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20830
...The objective parole guidelines are the administrative agency's response to the legislative restraints on the commission's discretion in setting parole under the statutory standard, i.e., when there exists a reasonable probability for law abiding conduct compatible with the welfare of society and the parolee. §
947.165 and §
947.18, Florida Statutes (1979). Section
947.165(2) requires the commission to review its procedures periodically and make any revisions considered necessary "by virtue of experience" in order to achieve the statutory purposes....
...The statute therefore clearly does not contemplate that such rules shall be fixed from the time a prisoner's crime was committed. See Weaver v. Graham,
450 U.S. 24,
101 S.Ct. 960,
67 L.Ed.2d 17 (1981). The decision in Lopez is accordingly consistent with the terms of §
947.165(2) in emphasizing the procedural nature of the objective parole guidelines as opposed to the fixed statutory prescription scrutinized in Weaver....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 18359, 2015 WL 8289991
... happened to be sentenced to life after parole was abolished in this state. The logic of
his argument is entirely reasonable.
But a claim of illegal sentence is not the method to make this challenge.
There may be more than one way for him to make this challenge. Section 947.165,
Florida Statutes (2014), requires the Florida Commission on Offender Review to
develop and implement objective parole guidelines as the criteria on which parole
decisions are made....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21330
...Stewart, a prisoner at Avon Park Correctional Institution, appeals from a commission decision that established his presumptive parole release date. Stewart argues that because the commission is prohibited from applying as aggravating circumstances any factors that are used in arriving at the matrix time range, Section 947.165(1), Florida Statutes (1979), the commission erred by scoring his matrix time range with “robbery” as the offense characteristic and then applying the following aggravating factor: “Large amount of cash stolen by threat of weapon...
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 21317
MILLS, Judge. Bundy appeals Florida Parole and Probation Commission action establishing his presumptive parole release date. We affirm. Bundy argues that § 947.165(1), Florida Statutes (1981), prohibits an aggravation for exceptionally brutal or heinous behavior because a depraved mind is an element of second degree murder of which he was convicted....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 18958, 2014 WL 6478807
...“number of prior criminal convictions,” and instead utilized the conviction as an aggravating factor and assessed an additional 120 months in aggravation beyond his matrix time as determined by the objective parole guidelines. In pertinent part, section 947.165(1), Florida Statutes (2014), provides as follows: The commission [on offender review] shall develop and implement objective parole guidelines which shall be the criteria upon which parole decisions are made....
...ctions, that rule provides as follows: Salient factors (1) through (5) shall be calculated on the inmate’s criminal record. (1) NUMBER OF PRIOR CRIMINAL CONVICTIONS: = RCF = 2 Points = 1 Point = 0 Points role guidelines are no longer objective, as section 947.165 requires that they be....
...Under the legal requirements im *693 posed upon the Commission, petitioner’s Oklahoma conviction should have been accounted for in his salient factor score. That being the case, it was error for the Commission to assess an additional 120 months in aggravation based on that conviction, since section 947.165(1) precludes factors used in arriving at the salient factor score from being applied as aggravating circumstances....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20149
...He received sentences totaling 100 years for the above crimes. 5 However, we find that the Commission erred in: (1) considering a conviction which was later vacated in setting the PPRD; 6 and (2) failing to use the armed robbery conviction in setting the severity level, contrary to Section 947.165(1), Florida Statutes (1979), and Florida Administrative Code Rule 23-19.01(5)....
...Florida Parole and Probation Commission,
289 So.2d 719 (Fla.1974). However, aggravating a prisoner’s PPRD for use of a firearm during the commission of a crime is legal. Fla.Admin. Code Rule 23-19.03(l)(a)-1, and Wickham v. Florida Parole and Probation Commission,
410 So.2d 989 (Fla. 1st DCA 1982). . Section
947.165(1), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20043
...esumptive parole release date. In choosing which of the multiple convictions should constitute the offense characteristic, the Commission is required to use the most serious of the offenses, and the other offenses may be used as aggravating factors. § 947.165, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19567
...Section
784.045(1), Florida Statutes, defines aggravated battery as a battery where one “.. . (a) [intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) [u]ses a deadly weapon.” Relying upon Section
947.165(5), Florida Statutes, 1 and Florida Administrative Code Rule 23-19.01, 2 Lambeth urges that the FPPC erred in aggravating his sentence for the use of a weapon in committing the offense because that factor is included in the definition of aggravated battery....
CopyPublished | Florida 1st District Court of Appeal
...Pearce,
395 U.S. 711,
89 S.Ct. 2072,
23 L.Ed.2d 656 (1969). NOTES [1] Filed prior to our decision in Daniels v. Florida Parole and Probation Commission,
401 So.2d 1351 (Fla. 1st DCA 1981). [2] Rule 23-19.04(7), Florida Administrative Code. [3] See Section
947.165, Florida Statutes (1979), as amended July 1, 1979, effective retroactively to January 1, 1979, providing that factors used "in arriving at the salient factor score and the severity of offense behavior category shall not be applied as...
CopyPublished | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 20091
Commission, § 947.-16 Fla.Stat. (1977). Pursuant to § 947.-165 Fla.Stat. (1979) the Commission enacted objective
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1667, 1987 Fla. App. LEXIS 9178
...In support of this assertion appellant argued that the rule is not uniformly applied, encompasses the disease of alcoholism, contains no standard as to the amount of aggravation permitted, and does not accurately reflect a negative parole indicant. Section 947.165(1), Florida Statutes, requires the adoption of objective parole guidelines “based on the seriousness of offense and the likelihood of favorable parole outcome.” The Parole and Probation Commission has adopted a comprehensive scoring schedule as an aid in determining presumptive parole release dates....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20191
...Appellant’s aggregation was removed, a new salient factor score computed and the Commission arrived at the same PPRD. Unfortunately, when the Commission refigured appellant’s PPRD it utilized an aggravating factor in the computation of the salient factor score which is contrary to the law. Section 947.165(1), Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 4, 1985 Fla. App. LEXIS 16911
...77-3760 (aggravated battery) as an aggravation of his PPRD where the same conviction had already been used to calculate one point for probation revocation under Category Five of the SFS. We disagree that the Commission’s action constituted error. Section 947.165(1), Florida Statutes states in part: Factors used in arriving at the salient factor score and the severity of offense behavior category shall not be applied as aggravating circumstances....
...(emphasis supplied) The probation revocation and the conviction in this case are closely related, since the conviction would not ultimately have resulted but for the revocation. However, we believe the two events are discrete for the purpose of Rule 23-21.07 and section 947.165(1)....
CopyPublished | Florida 1st District Court of Appeal
...ve year federal sentence consecutive to Florida sentence." The Commission erred in aggravating appellant's 156-month matrix time frame with the 24-month aggravation because neither of the reasons given are valid aggravations. As to the first reason, § 947.165(1), Florida Statutes (1979), and Florida Administrative Code Rule 19.03 provide that the Commission shall not aggravate for a factor already considered in choosing the matrix time range....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1853, 1986 Fla. App. LEXIS 9459
...We assume that the appellee argued to the trial judge, as he argues to this court on appeal, that the three aggravating factors improperly duplicate the severity of offense behavior category and the points assessed in the SFS. The appellee points out that section 947.165(1), Florida Statutes (1985), provides that factors used in arriving at the SFS and severity of offense behavior category shall not be applied as aggravating circumstances....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 28623
presumptive parole release date. Rule 23-19.03, FAC; Section
947.165(1). Second, the Florida Parole and Probation
