Shannon v. Turner
Florida District Courts of Appeal
Shannon v. Turner, 432 So. 2d 204 (1983)
1983 Fla. App. LEXIS 27794
Dell, Hersey, Hurley, Pér
Shannon v. Turner
Opinion of the Court
We withdraw our opinion filed May 11, 1983 and substitute the following opinion in its place.
Petitioner seeks review of his presumptive parole release date. We treat the petition for habeas corpus as a petition for mandamus directed against the FPPC. Pannier v. Wainwright, 423 So.2d 533 (Fla. 5th DCA 1982); Harrisson v. Florida Parole and Probation Commission, 428 So.2d 388 (Fla. 4th DCA 1983). We grant the writ and order the Commission to recompute petitioner’s PPRD without using his expired 1973 robbery sentence in aggregation. An expired sentence may not be used in aggregation. Jordan v. Florida Parole and Probation Commission, 423 So.2d 450 (Fla. 1st DCA 1982).
Writ Granted.
Reference
- Full Case Name
- Larry Lee SHANNON v. R.V. TURNER, Superintendent, Glades Correctional Institution Florida Parole and Probation Commission
- Cited By
- 2 cases
- Status
- Published