Collins v. Florida Parole & Probation Commission

ROBERT P. SMITH, Jr., Chief Judge.

Appellant Collins contends, among other things, that the Florida Parole and Probation Commission erred in computing his presumptive parole release date by using an improper salient factor score. Specifically, he urges that the Commission cannot rely upon a juvenile offense for which he was placed on probation in Arkansas to support its finding in the salient factor score that he has a prior conviction. See Fla.Admin.Code Rule 23-19.04(l)(e):

Conduct resulting in diversion from the judicial process without a specific finding of guilt (e.g., deferred…