Harper v. Florida Parole Commission

ERVIN, Judge.

We reverse the order denying appellant’s petition for writ of mandamus. When the Florida Parole and Probation Commission established appellant’s presumptive parole release date (PPRD) as August 28, 1996, after his parole was revoked, it included 60 months for use of a handgun during the commission of the offense as an aggravating factor. This was error. The same factor had been used in setting appellant’s previous PPRD, and the law is clear that the Commission cannot change or modify a PPRD except for new information not available at the time of the initial interview,…