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FLORIDA DEPT., OF OFFENDER REHAB. v. JERRY

No. FF-303.

353 So.2d 1230 (1978)

The FLORIDA DEPARTMENT OF OFFENDER REHABILITATION, Petitioner, v. Leroy JERRY and the Florida Division of Administrative Hearings, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied February 7, 1978.

Attorney(s) appearing for the Case

Earl H. Archer, III, Tallahassee, for petitioner.

John T. Chandler, Gainesville, for respondents.

ERVIN, Judge.

Leroy Jerry, an inmate in the state correctional institution, was charged by the Department of Offender Rehabilitation (DOR) with unarmed assault in violation of Florida Administrative Code Rule 33-3.08(2).1 He was found guilty, placed in disciplinary confinement and served his penalty. He then attacked the above Rule in a Section 120.56,2 Florida Statutes...

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