McCant v. State, Parole & Probation Commission
McCant v. State, Parole & Probation Commission
497 So. 2d 1315; 11 Fla. L. Weekly 2453; 1986 Fla. App. LEXIS 10726
(Southern Reporter, Second Series)
McCant v. State, Parole & Probation Commission
Opinion of the Court
This is an appeal from the trial court’s denial of defendant’s petition for a writ of mandamus to require the parole and probation commission to hold a parole interview. We recognize that whether or not to grant such an interview is discretionary. See § 947.16(2)(f), Fla.Stat. (1985). However, the record* shows that defendant was denied an interview on the basis that he was serving a sentence imposed under the sentencing guidelines whereas defendant was also serving a nonguidelines sentence.
We affirm the trial court. The petitioner, however, is not barred from again requesting the commission to consider his statutory sentence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.