RICKEY J. CARTER v. FLORIDA PAROLE COMMISSION
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
RICKEY J. CARTER,
NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION AND
DISPOSITION THEREOF IF FILED.
Petitioner,
v.
CASE NO. 1D04-2853
FLORIDA PAROLE COMMISSION,
Respondent.
Opinion filed May 18, 2005.
Petition for Writ of Certiorari -- Original Jurisdiction.
Rickey J. Carter, pro se, petitioner.
Kim M. Fluharty, General Counsel, and Bradley R. Bischoff, Assistant General
Counsel, Florida Parole Commission, Tallahassee, for respondent.
ON MOTION FOR REHEARING
PER CURIAM.
We withdraw our previous opinion in this cause issued February 28, 2005, and
substitute the following therefor.
Upon consideration of the petition for writ of certiorari, we determine that
petitioner is not entitled to relief on his claims concerning revocation of parole or the
imposition of restitution. As to the claim requesting recalculation of petitioner’s
presumptive parole release date, the petition is denied because the Commission seeks
to use exactly the same number of months for aggravating circumstances as initially
used in establishing the presumptive parole release date. See Terry v. Florida
Probation and Parole Comm'n, 634 So. 2d 228 (Fla. 1st DCA 1994) (holding that
during a determination of a new presumptive parole release date after revocation of
parole, the Commission may rely on the same aggravating factors that were
considered in the first calculation, but that the number of months may not exceed the
initial number; agreeing with Tubb v. Florida Parole Comm'n, 580 So. 2d 616 (Fla.
5th DCA 1991)); McClain v. Florida Parole Comm'n, 647 So. 2d 973 (Fla. 1st DCA
1994) (same).
DENIED.
VAN NORTWICK, POLSTON AND THOMAS, JJ., CONCUR.
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