Green v. Florida Parole Commission

JOANOS, Judge.

Appellant Robert Lee Green appeals the trial court’s denial of his petition for writ of mandamus, seeking an order to compel the Florida Parole Commission (Commission) to recalculate his presumptive parole release date. Specifically, appellant asserts that the Commission failed to score his most serious offense as the primary offense, for purposes of establishing the presumptive parole release date. We reverse.

The starting point for the determination of a presumptive parole release date is the ascertainment of the severity of the present convicted offense, which is based upon…