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FLA. PAROLE AND PROBATION COMMISSION v. CUNARD

No. BE-315.

490 So.2d 88 (1986)

FLORIDA PAROLE AND PROBATION COMMISSION, Appellant, v. Joseph CUNARD, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 17, 1986.

Attorney(s) appearing for the Case

Doris E. Jenkins, Asst. Gen. Counsel, for appellant.

Kenneth G. Oertel and Martha J. Edenfield, of Oertel & Hoffman, P.A., Tallahassee, for appellee.

JOANOS, Judge.

The Florida Parole and Probation Commission (Commission) appeals the trial court's order granting the petition of Joseph Cunard for writ of mandamus [by which Cunard sought to compel the Commission to grant his parole pursuant to his original presumptive parole release date (PPRD)]. The Commission has raised four points for our review. The Commission contends the trial court erred (1) in substituting its judgment for that of the Commission in a discretionary...

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