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BUNDY v. FLORIDA PAROLE & PROBATION COM'N

No. AG-375.

419 So.2d 1181 (1982)

Brain M. BUNDY, Appellant, v. FLORIDA PAROLE AND PROBATION COMMISSION, Appellee.

District Court of Appeal of Florida, First District.

October 6, 1982.

Attorney(s) appearing for the Case

Brian M. Bundy, pro se.

Malcolm S. Greenfield, Tallahassee, for appellee.

MILLS, Judge.

Bundy appeals Florida Parole and Probation Commission action establishing his presumptive parole release date. We affirm.

Bundy argues that § 947.165(1), Florida Statutes (1981), prohibits an aggravation for exceptionally brutal or heinous behavior because a depraved mind is an element of second degree murder of which he was convicted. We do not agree.

A depraved mind is equated with the common meaning of malice, i.e., ill will,...

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