Calloway v. Florida Parole & Probation Commission

NIMMONS, Judge.

We affirm the Commission’s determination of Calloway’s presumptive parole re*301lease date (PPRD). He was convicted of murder in the second degree. Calloway committed a robbery and used a firearm during the course of committing the murder.

He was properly aggravated for the commission of the robbery pursuant to Rule 23-21.10(2), Fla.Admin.Code. Robbery is not an element of the crime of second degree murder, nor was it used to calculate his salient factor score or included in the severity of offense behavior.

He was also properly aggravated for the use of the firearm. Rule…