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LOPEZ v. FLA. PAROLE & PROB. COMM.

No. AF-37.

410 So.2d 1354 (1982)

Hector LOPEZ, Appellant, v. FLORIDA PAROLE AND PROBATION COMMISSION, Appellee.

District Court of Appeal of Florida, First District.

February 23, 1982.

Attorney(s) appearing for the Case

Steven M. Malone of Patterson & Traynham, Tallahassee, for appellant.

Malcolm S. Greenfield, Gen. Counsel, Tallahassee, for appellee.

PER CURIAM.

Lopez challenged Rule 23-19.05 F.A.C. in a proceeding under § 120.56 Fla. Stat. (1979). The challenge was denied. We affirm.

Lopez was convicted of second degree murder in 1977. At that time parole consideration was in the discretion of the Parole and Probation Commission, § 947.16 Fla. Stat. (1977). Pursuant to § 947.165 Fla. Stat. (1979) the Commission enacted objective parole guidelines effective 20 March 1979. Under these guidelines...

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