FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                          No. 1D18-0179
                  _____________________________

RONNIE K. WILLIAMS,

    Petitioner,

    v.

FLORIDA COMMISSION ON
OFFENDER REVIEW,

    Respondent.
                  _____________________________


Petition for Writ of Certiorari—Original Jurisdiction.


                       December 18, 2018


PER CURIAM.

     The appendix reveals Petitioner was convicted of first-degree
murder, which was used as the present offense of conviction, and
three other counts. The Commission aggravated Petitioner’s
presumptive parole release date for his separate conviction of
shooting into occupied vehicle and for use of a firearm. However,
use of a firearm is included in the definition of the offense of
shooting into occupied vehicle, and the Commission’s rules do not
permit additional aggravation for factors included in the
definition of other convictions already used as aggravating
elements. Mattingly v. Fla. Parole and Probation Comm’n, 

(Fla. 1st DCA 1982). Accordingly, the petition for
writ of certiorari is granted. The order denying Petitioner’s
petition for writ of mandamus is quashed and this matter is
remanded for further proceedings consistent with this opinion.

LEWIS, WETHERELL, and WINOKUR, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Seth E. Miller, Tallahassee, for Petitioner.

Rana Wallace, General Counsel, and Mark Hiers, Assistant
General Counsel, Florida Commission on Offender Review,
Tallahassee, for Respondent.




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