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Florida Department of Corrections v. Rico

975 So. 2d 632, 2008 Fla. App. LEXIS 3015, 2008 WL 584977
CourtDistrict Court of Appeal of Florida
DecidedMarch 5, 2008
DocketNo. 4D08-220
StatusPublished
Cited by1 cases

This text of 975 So. 2d 632 (Florida Department of Corrections v. Rico) 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.

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

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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Related

Florida Department of Corrections v. Goodman
995 So. 2d 1097 (District Court of Appeal of Florida, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
975 So. 2d 632, 2008 Fla. App. LEXIS 3015, 2008 WL 584977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-department-of-corrections-v-rico-fladistctapp-2008.