Daizi v. Florida Parole & Probation Commission

I would adhere to our previous opinion holding that the Commission erred in aggravating petitioner’s presumptive parole release date because of his possession of a firearm during the commission of an aggravated assault. In doing so I believe the Commission improperly considered the petitioner’s use of the same weapon in the same incident twice. The Commission’s own rules prohibit aggravation by consideration of a factor which has already been considered in determining the seriousness of the offense for which the prisoner is incarcerated. In addition, the Florida Supreme Court has recently…