Appellee's Motion to Dismiss is denied. The Court finds that the rules of the Florida Parole and Probation Commission control for purposes of determining the most serious offense, which is used as the offense characteristic. See Rules 23-19.01(5) and 23-19.05, Fla. Admin. Code. Accordingly the action of the Florida Parole and Probation Commission is affirmed.
ROBERT P. SMITH, Jr., C.J., and McCORD and...
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