FL. DEPT. OF CORRECTIONS v. Martinez
This text of 873 So. 2d 537 (FL. DEPT. OF CORRECTIONS v. Martinez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FLORIDA DEPARTMENT OF CORRECTIONS, Petitioner,
v.
Jorge M. MARTINEZ a/k/a Shauquie Rossman, Respondent.
District Court of Appeal of Florida, Fourth District.
Carolyn J. Mosley, Tallahassee, for petitioner.
No response required for respondent.
PER CURIAM.
The Department of Corrections seeks certiorari review of a circuit court order directing it to award respondent gain time for time served in Broward County Jail waiting to testify. It is well settled that the sentencing court lacks authority to award gain time to state prisoners, as this is a matter within the exclusive province of the Department of Corrections. See Crosby v. Harvey, 861 So.2d 102, 102 (Fla. 4th DCA 2003).
Therefore, we grant the petition for writ of certiorari and quash the circuit court's order.
PETITION GRANTED.
WARNER, POLEN and GROSS, JJ., concur.
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873 So. 2d 537, 2004 WL 1104019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fl-dept-of-corrections-v-martinez-fladistctapp-2004.