Baker v. Florida Parole and Probation Commission, UU-151
| Decision Date | 13 June 1980 |
| Docket Number | No. UU-151,UU-151 |
| Parties | Marvin D. BAKER, Petitioner, v. FLORIDA PAROLE AND PROBATION COMMISSION, Respondent. |
| Court | Florida District Court of Appeals |
Marvin D. Baker, pro se for petitioner.
No appearance for respondent.
This cause is before us as a petition for an extraordinary remedy. Petitioner requests review of the proceedings of the Florida Parole and Probation Commission in determining petitioner's presumptive parole release date. This Court, pursuant to Rule 9.040(c), Fla.R.App.P., treats petitioner's claim as one for mandamus. See Moore v. Florida Parole and Probation Commission, 289 So.2d 719 (Fla.1974).
The Objective Parole Criteria used to determine a presumptive release date is basically a two-part system. The first part consists of fairly routine calculations. The inmate's prior history of crime or terms in prison (prison criminal history) are converted to a numerical value or "salient factor score". Rule 23-19.04, Florida Administrative Code. This score is then charted against the type of crime for which the inmate was most recently sentenced, termed the "offense characteristic", Rule 23-19.01, to arrive at a matrix range, Rule 23-19.05. A hearing examiner panel of the Commission recommends a time within this range. The establishment of a date within this range allows for relatively little discretion. The only discretion that should be exercised occurs in the determination of where within the limited range the prisoner's release date will fall. The second part of the Objective Parole Criteria primarily concerns decisions beyond the matrix range. The Florida Statutes and the Commission rules allow the Commission, upon proper showing of "good cause", to go outside the calculated guidelines and extend an inmate's term by reason of aggravating circumstances far beyond the length of time his salient factor score and offense characteristic rating indicate he should serve.
Petitioner claims that the Commission has provided him with no reasons for its decision to choose the longest term of months in its guidelines matrix range to apply to petitioner. He further asserts that when the Commission determined his matrix range using armed robbery as the offense characteristic, it was precluded from extending petitioner's term for the aggravating factor of "shots fired" as this is using the same factor use of a weapon to determine the initial matrix range as well as to "aggravate" beyond that range, in violation of Section 947.165(1), Florida Statutes (1979).
This Court finds petitioner's first contention has little merit. Chapter 947 of Florida Statutes does not explicitly require the Parole and Probation Commission to explain in writing its choice of terms within the Guidelines. Only if a factor influences the Commission to aggravate an inmate's term beyond the Guidelines must a written explanation of that factor be given. Sections 947.172(2), (3), Florida Statutes (1979); Department of Parole and Probation Commission Rules, Ch. 23-19, Objective Parole Criteria Rule 23-19.01, Florida Administrative Code ("Guidelines").
Petitioner's second claim deserves closer examination. Section 947.165(1) states in relevant part: "Factors used in arriving at the salient factor score and the severity of offense behavior category shall not be applied as aggravating circumstances." This is, in part, why the reason for a decision outside the Guidelines requires a "statement in writing . . . specifying individual particularities." Section 947.172(2), (3). The statement of particularities should clearly let the inmate know why he was aggravated. In the instant case, the explanation was simply "shots fired six months".
The first task in reviewing a case of this kind is to look specifically to whether the explanation of the aggravating circumstances is sufficient to satisfy the statutory requirement. If the explanation proves to be sufficient, this Court may then determine if any statutes or Guideline rules were violated when each particular aggravating factor was applied. Absent a violation of any statute or rule, this Court can review no further under mandamus, as the writ will not lie in any review by this Court of the discretionary acts of the Commission. Moore v. Parole and Probation Commission, supra; Solomon v. Sanitarians' Registration Board, 155 So.2d 353 (Fla.1963).
The written explanation, containing "individual particularities", serves a number of purposes. The Commission Guidelines require that an inmate be given an opportunity to respond to aggravating factors under consideration by the hearing examiner panel. Rule 23-19.01(1). Clearly no adequate response can be posed to the Commission if the inmate is not clearly...
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