Woodard v. Florida Parole & Probation Commission

NIMMONS, Judge.

Curtis Von Woodard appeals from the Florida Parole and Probation Commission’s assignment of a presumptive parole release date. Woodard claims that the Commission used the wrong severity of offense of conviction in calculating his matrix time range. Florida Administrative Code Rule 23-21.-09(2) requires the Commission to determine “the degree of felony or misdemeanor of the present offense of conviction.” Woodard claims that he was convicted of robbery without the use of any weapon, a second degree felony under § 812.13(2)(c), Florida Statutes. The Commission claims that he was…