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HARPER v. FLORIDA PAROLE COM'N

No. 92-3319.

626 So.2d 336 (1993)

Ronald J. HARPER, Appellant, v. FLORIDA PAROLE COMMISSION, Appellee.

District Court of Appeal of Florida, First District.

November 17, 1993.

Attorney(s) appearing for the Case

Ronald J. Harper, pro se.

James S. Byrd, Asst. Gen. Counsel, Florida Parole Com'n, Tallahassee, for appellee.

ERVIN, Judge.

We reverse the order denying appellant's petition for writ of mandamus. When the Florida Parole and Probation Commission established appellant's presumptive parole release date (PPRD) as August 28, 1996, after his parole was revoked, it included 60 months for use of a handgun during the commission of the offense as an aggravating factor. This was error. The same factor had been used in setting appellant's previous PPRD, and the law is clear that the...

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