Florida District Courts of Appeal, 1982

Young v. Florida Parole & Probation Commission

Florida District Courts of Appeal · Decided June 18, 1982 · Cawthon, Mills, Shivers, Victor

416 So. 2d 1179; 1982 Fla. App. LEXIS 20327 (Southern Reporter, Second Series)

Opinion of the Court

MILLS, Judge.

We affirm the Commission’s determination of Young’s presumptive parole release date (PPRD). The Commission properly aggravated Young’s PPRD for the use of a weapon in the commission of the crime for which he was convicted, second degree murder. The aggravating factor is not included within the definition of second degree murder. See Florida Administrative Code Rule 23-19.03(l)(a)l.

' SHIVERS, J., and CAWTHON, Victor M., Associate Judge, concur.

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