Wickham v. Florida Parole and Probation Commission, AG-372
| Decision Date | 15 March 1982 |
| Docket Number | No. AG-372,AG-372 |
| Citation | 410 So.2d 989 |
| Parties | Terry WICKHAM, Appellant, v. FLORIDA PAROLE AND PROBATION COMMISSION, Appellee. |
| Court | Florida District Court of Appeals |
Terry Wickham, in proper person, for appellant.
Rosa H. Carson, Asst. Gen. Counsel, Florida Parole and Probation Commission, Tallahassee, for appellee.
Terry Wickham appeals from a final order of the Parole and Probation Commission setting his presumptive parole release date. The record indicates that he was convicted of robbery and in the course of committing the robbery carried a deadly weapon, to wit: a firearm, contrary to Section 812.13(2)(a), Florida Statutes (1979). There is sufficient information in the record to support a determination that in the course of the robbery he struck the victim.
The Parole and Probation Commission's action form showed the offense of conviction as robbery and included aggravations of four months for the use of the firearm during the offense and fourteen months because the victim was struck several times during the offense.
Wickham filed for review of the presumptive parole release date (PPRD), asserting that he was convicted of armed robbery and not, as stated on the action form, robbery. He also contended that since the use of a weapon is included within the definition of armed robbery, it was improper for him to be aggravated for that factor. Rule 23-19.03(1)(a), F.A.C. Furthermore, he urged that since the act of force or violence is within the definition of armed robbery, the striking of the victim may not be used as an aggravation. Finally, Wickham contended that since the Commission committed "an irreversible error" by placing him in a lower category of the offense severity rating than is proper, it could not upon review raise the severity level. The Commission adhered to its original action and this appeal was taken with Wickham raising the same issues here as had been raised to the Commission.
On appeal, the Commission concedes that the offense severity rating for armed robbery should have been assigned rather than that for robbery and that when the prisoner has an offense severity rating based on a conviction of armed robbery, the Commission cannot further aggravate the person for the fact that he was armed. The question which is presented, then, is whether the Commission may now simply correct the scoring. We agree with the Commission that it may. The purpose of an appeal, whether administrative or judicial, is to correct error, and in this case the Commission acknowledges that it has committed an error. Our holding here is not contrary to this court's holding in McKahn v. Florida Parole and Probation Commission,...
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...Section 947.172(3), Florida Statutes (1978) does not prevent the correction of a mere clerical error. Wickham v. Florida Parole and Probation Commission, 410 So.2d 989 (Fla. 1st DCA 1982). PETITION ANSTEAD, HURLEY and DELL, JJ., concur. ...
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