Florida District Courts of Appeal, 1982

Billie v. Florida Parole & Probation Commission

Florida District Courts of Appeal · Decided December 15, 1982 · Shivers, Smith, Thompson

423 So. 2d 553; 1982 Fla. App. LEXIS 28658 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Parker v. State (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

AFFIRMED. Overfield v. Florida Parole and Probation Commission, 418 So.2d 321 (Fla. 1st DCA 1982).

ROBERT P. SMITH, Jr., C.J., and THOMPSON, J., concur. SHIVERS, J., dissents, with Written Opinion.

Dissenting Opinion

SHIVERS, Judge,

dissenting:

I dissent from the majority opinion holding that the retroactive application of the 1981 objective parole guidelines in this case is not a violation of the ex post facto clause. Preliminarily, two facts should be noted. First, although all of appellant’s crimes were committed prior to the enactment of the 1981 objective parole guidelines, his PPRD was computed on the basis of the 1981 guidelines. Second, the 1981 guidelines uniformly raise the matrix time ranges. In view of these facts, it is clear that the retroactive application of the 1981 guidelines in this case violates the constitutional prohibition against ex post facto laws. Weaver v. Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981), Welsh v. Mizell, 668 F.2d 328 (7th Cir. 1982).

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