Legal Opinion

Carter v. Florida Parole Commission

District Court of Appeal of Florida

Decided May 18, 2005No. 1D04-2853Published

1Opinion

ON MOTION FOR REHEARING

2Per curiam

We withdraw our previous opinion in this cause issued February 28, 2005, and substitute the following therefor.

Upon consideration of the petition for writ of certiorari, we determine that petitioner is not entitled to relief on his claims concerning revocation of parole or the imposition of restitution. As to the claim requesting recalculation of petitioner’s presumptive parole release date, the petition is denied because the Commission seeks to use exactly the same number of months for aggravating circumstances as initially used in establishing the presumptive parole…

3Cases cited3 opinions

  1. Terry v. PROBATION AND PAROLE COM'NDistrict Court of Appeal of Florida · 1994
  2. Tubb v. FLORIDA PAROLE COM'NDistrict Court of Appeal of Florida · 1991
  3. McClain v. Florida Parole CommissionDistrict Court of Appeal of Florida · 1994

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