David Nyberg v. Florida Commission on Offender Review

Appellant, David Nyberg, appeals an order dismissing as moot a petition challenging the extension of his presumptive parole release date (“PPRD”). Although the circuit court received this petition in its appellate capacity for a plenary review on the merits, see Sheley v. Fla. Parole Comm’n, 720 So.2d 216, 217 (Fla.1998), the proceeding before us is an appeal because the circuit court dismissed the petition on procedural grounds. See Battle v. Fla. Comm’n on Offender Review, 188 So.3d 10, 11 (Fla. 1st DCA 2016). For the reasons that follow, we affirm.

After extension of his PPRD, Nyberg…