Lowry v. Parole and Probation Comm'n

Summary

The Supreme Court of Florida held that a prisoner serving the first of consecutive sentences was eligible for consideration for parole before beginning the subsequent sentence. The court concluded that the Parole and Probation Commission acted in good faith but improperly rescinded the petitioner's parole release date and Mutual Participation Agreement based on Attorney General Opinion 85-11, while withholding issuance of a writ because prompt administrative review was expected.

Holdings

1. The commission did not abuse its discretion in rescinding Lowry's effective parole release date and Mutual Participation Agreement because it acted in good faith after determining that honoring the agreement could violate the law and undermine the goals of consecutive sentencing.
2. A prisoner serving consecutive sentences is eligible for consideration for parole before beginning to serve the subsequent consecutive sentences.

Questions Presented

1. Whether the commission abused its discretion by rescinding Lowry's effective parole release date and Mutual Participation Agreement.
2. Whether a prisoner serving consecutive sentences is eligible for consideration for parole before beginning to serve the subsequent consecutive sentence under section 947.16(1), Florida Statutes.
3. Whether subsequent legislation clarifying calculation of presumptive parole release dates could be considered as evidence of the legislature's prior and continuing intent.

Disposition

writ_denied