Florida Parole & Probation Commission v. Griffin

DANAHY, Chief Judge.

The Florida Parole and Probation Commission (the Commission) appeals an order issuing a writ of mandamus to the Commission directing that it establish a presumptive parole release date (PPRD) for the appellee without including three aggravating factors which the Commission had previously considered in setting the appellee’s PPRD. We reverse.

In 1981 the appellee was charged with and convicted of sexual battery with the use of physical force and violence not likely to cause serious personal injury, a second degree felony under section 794.011(5), Florida Statutes (1981). He…