Legal Opinion

Williams v. State

District Court of Appeal of Florida

Decided May 13, 2009No. 4D08-4979Published

1Per curiam

The denial of appellant’s rule 3.850 motion is affirmed. Nevertheless, based on the date of appellant’s offenses, it appears he is in fact eligible for parole. See Duffy v. State, 874 So.2d 1242 (Fla. 2d DCA 2004); Hurd v. State, 807 So.2d 753, 754 (Fla. 3d DCA 2002); Johnson v. State, 679 So.2d 9 (Fla. 4th DCA 1996); Dolan v. State, 618 So.2d 271, 272 (Fla. 2d DCA 1993). Although he has no absolute right to parole, he is entitled to proper consideration for parole. See Moore v. Fla. Parole & Prob. Comm’n, 289 So.2d 719, 720 (Fla. 1974). As a result, our affirmance is without prejudice for…

2Cases cited7 opinions

  1. Moore v. Florida Parole and Probation CommissionSupreme Court of Florida · 1974
  2. Dolan v. StateDistrict Court of Appeal of Florida · 1993
  3. Johnson v. StateDistrict Court of Appeal of Florida · 1996
  4. Duffy v. StateDistrict Court of Appeal of Florida · 2004
  5. Greer v. FLA. PAROLE & PROB. COMM.District Court of Appeal of Florida · 1981

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