Drake v. Wainwright

WIGGINTON, Judge.

Drake appeals from the final judgment of the trial court treating his petition for writ of habeas corpus as a writ of mandamus and denying same, and holding the Florida Parole and Probation Commission did not err in its establishment of Drake’s presump*375tive parole release date.1 Although we affirm on all ten points raised by Drake, Point VIII, regarding aggravation for a concurrent federal sentence, merits some discussion.

Among other aggravating factors, the commission adopted a 96-month aggravation for a concurrent “conviction for kidnapping by federal authority in 1973.”…