Emile Parker v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: February 5, 2025
• Docket: 3D2024-2057
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-2057 Lower Tribunal No. F12-29714 ________________

Emile Parker, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Christine Hernandez, Judge.

Emile Parker, in proper person.

John Guard, Acting Attorney General, for appellee.

Before LOGUE, C.J., and LOBREE and GOODEN, JJ.

PER CURIAM. Affirmed. See Moore v. Pearson, 789 So. 2d 316, 319 (Fla. 2001)

(“The authority to regulate gain time resides exclusively within the

Department of Corrections pursuant to chapter 944, Florida Statutes.”);

Tribue v. State, 682 So. 2d 196, 197 (Fla. 3d DCA 1996) (“However, the

responsibility for making the determination of the actual amount of gain time

rests with the Department of Corrections. The burden falls upon the

defendant to seek credit for this time pursuant to the appropriate

administrative procedures.”) (internal citations omitted); Walker v. State, 619

So. 2d 518, 519 (Fla. 1st DCA 1993) (“The award of gain time is solely a

function of the Department of Corrections.”).