Florida Department of Corrections v. Rico

District Court of Appeal of Florida

Florida Department of Corrections v. Rico

975 So. 2d 632, 2008 Fla. App. LEXIS 3015, 2008 WL 584977

District Court of Appeal of Florida·Decided March 5, 2008·No. No. 4D08-220·Published·Cited by 1 cases

Opinion

PER CURIAM.

The Department of Corrections seeks certiorari review of a circuit court order directing it to award respondent gain time. As this court has recognized, 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 Fla. Dep’t of Corr. v. Martinez, 873 So.2d 537 (Fla. 4th DCA 2004); 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.

SHAHOOD, C.J., Stone and GROSS, JJ., concur.

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PER CURIAM.

The Department of Corrections seeks certiorari review of a circuit court order directing it to award respondent gain time. As this court has recognized, 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 Fla. Dep’t of Corr. v. Martinez, 873 So.2d 537 (Fla. 4th DCA 2004); 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.

SHAHOOD, C.J., Stone and GROSS, JJ., concur.

Florida Department of Corrections v. Rico, 975 So. 2d 632, 2008 Fla. App. LEXIS 3015, 2008 WL 584977 (Fla. Ct. App. 2008).

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