Bennett v. Florida Parole & Probation Commission

WIGGINTON, Judge.

Bennett appeals from the Florida Parole and Probation Commission’s establishment of his presumptive parole release date. He argues that the commission has not used the offense severity characteristic applicable to his offense of conviction in establishing his presumptive parole release date. We agree and reverse.

In April, 1979, Bennett was arrested and charged by information with the offense of armed robbery and that:

[I]n the course of committing said robbery, carried a weapon, to-wit: a knife, contrary to the provisions of Section 812.-13, Florida Statutes.

At the sentencing…