Hipke v. Parole & Probation Commission

ROBERT P. SMITH, Jr., Judge.

Hipke complains of Parole and Probation Commission action fixing his tentative release date. Fla.Admin.Code Chapter 23-19. When Hipke was sentenced in 1972, Section 921.161(1), Florida Statutes (1971), permitted but did not require the sentencing judge to allow explicit credit for jail time served before sentence. See Heilmann v. State, 310 So.2d 376 (Fla. 2d DCA 1975). For stronger reasons it follows that the Parole and Probation Commission, having no sentencing authority, may not now be compelled to give retrospective credit for jail time served before Hipke was…