Lott v. Florida Parole & Probation Commission

Lott argues that the commission established his presumptive parole release date (PPRD) by using improperly the aggregation method provided in Rule 23-19.02(2)(g), Florida Administrative Code. We find that the commission erred in applying its rules in this case and remand for redetermination of an appropriate PPRD under the rules in effect in May 1981, when Lott’s release date should have been set.

In calculating appellant’s PPRD, the commission aggregated time required for his 1978 convictions of burglary, petit theft and petit larceny (Case No. 78-152) with time required for 1981 convictions…