Stewart v. Florida Parole & Probation Commission

WIGGINTON, Judge.

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 was never recovered.”

The…