McClain v. Florida Parole Commission

Appellant, Nathan McClain, appeals the trial court’s denial of his petition for writ of mandamus directed to the Florida Probation and Parole Commission (commission) on three grounds. We find merit only as to appellant’s first issue, but on that point we must reverse the order.

In November of 1976, appellant was convicted of second-degree murder, use of a firearm in the commission of a felony, and three counts of aggravated assault. Appellant was sentenced to a life term on the first count, a consecutive ten-year sentence on the second count, and consecutive five-year sentences on the other…