Florida District Courts of Appeal, 1986

McCant v. State, Parole & Probation Commission

McCant v. State, Parole & Probation Commission
Florida District Courts of Appeal · Decided November 21, 1986 · Danahy, Frank, Lehan
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

PER CURIAM.

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.

DANAHY, C.J., and LEHAN and FRANK, JJ., concur.

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