Davis v. Florida Parole & Probation Commission

Florida District Courts of Appeal
Davis v. Florida Parole & Probation Commission, 436 So. 2d 144 (1983)
1983 Fla. App. LEXIS 18585
Ervin, Mills, Wigginton

Davis v. Florida Parole & Probation Commission

Opinion of the Court

WIGGINTON, Judge.

Davis seeks our review of an order of the Florida Parole and Probation Commission establishing a presumptive parole release date (PPRD). We find no reversible error and affirm the order.

We have held that a PPRD set in accordance with parole guidelines adopted subsequent to the date of the offense does not violate the prohibition against ex post facto laws. Overfield v. Florida Parole and Probation Commission, 418 So.2d 321 (Fla. 1st DCA 1982) and May v. Florida Parole and Probation Commission, 424 So.2d 122 (Fla. 1st DCA 1982).

The commission’s method of fixing Davis’ PPRD does not violate double jeopardy proscriptions. In arriving at the date for tentative release, consideration may be given the trial court’s sentence as well as the same aggravating circumstances that were reviewed and utilized in the sentencing so long as Davis’ release is within the maximum time of his sentence. The court and commission have thus considered the same aggravating circumstances for complementary purposes, and no showing is made that that is not as it should be. See Hipke v. Florida Parole and Probation Commission, 380 So.2d 494 (Fla. 1st DCA 1980). As *145noted in Nunley v. U.S. Board of Pardons, 439 F.Supp. 887, 890 (W.D.Okl. 1966), the “doctrine of double jeopardy has strict application to criminal prosecutions only.... It does not apply to other judicial proceedings.”

AFFIRMED.

MILLS, J., concurs. ERVIN, J., dissents with opinion.

Dissenting Opinion

ERVIN, Judge,

dissenting.

I concur in the majority’s disposition of this cause on all grounds stated except that relating to the question of whether the Commission’s action violates the ex post facto clause of both the state and federal constitutions. In so doing, I adopt the views stated by Judge Shivers’ dissenting opinion in May v. Florida Parole and Probation Commission, 424 So.2d 122 (Fla. 1st DCA 1982). At the very minimum I would certify the same question certified by the majority in May as one of great public importance.

Reference

Full Case Name
Chester F. DAVIS v. FLORIDA PAROLE AND PROBATION COMMISSION
Cited By
1 case
Status
Published