Florida District Courts of Appeal, 1982

Perchetti v. Florida Parole & Probation Commission

Perchetti v. Florida Parole & Probation Commission
Florida District Courts of Appeal · Decided May 21, 1982 · McCord, Mills, Shivers
415 So. 2d 53; 1982 Fla. App. LEXIS 20096 (Southern Reporter, Second Series)

Perchetti v. Florida Parole & Probation Commission

Opinion of the Court

SHIVERS, Judge.

Appellant seeks review of the Commission’s refusal to alter his Presumptive Parole Release Date (PPRD) of August 5, 1985. The record reveals the Commission, in part, aggravated Perchetti’s PPRD because he was arrested for possession of opiate. Since there is no statutory or rule authority permitting aggravation of a PPRD for a mere arrest, we reverse the Commission’s order refusing to change the PPRD to the extent the establishment of the PPRD was based on the arrest. The cause is remanded for setting of a PPRD consistent with this opinion.

REVERSED and REMANDED.

McCORD and MILLS, JJ., concur.

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