Gore v. Crews

District Court of Appeal of Florida

Gore v. Crews

146 So. 3d 117, 2014 Fla. App. LEXIS 13614, 2014 WL 4290376

CourtDistrict Court of Appeal of Florida

DecidedSeptember 2, 2014

DocketNo. 1D12-907

StatusPublished

This text of 146 So. 3d 117 (Gore v. Crews) 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

Gore v. Crews, 146 So. 3d 117, 2014 Fla. App. LEXIS 13614, 2014 WL 4290376 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

This is an appeal of a final order in Circuit Court Case No. 2011-41-CA dismissing a petition for writ of habeas corpus in which Appellant, a prison inmate, alleged his entitlement to immediate release. The trial court issued its ruling without affording Appellee an opportunity to show cause concerning whether Appellant was properly awarded all jail, prison, and gain-time credit. On Appellee’s proper concession of error, we reverse the order and remand with instructions that the trial court issue an order for Appellee to show cause regarding (1) whether Appellant has been properly awarded all jail, prison, and gain-time credits that are due under the law and as set forth in Gisi v. State, 4 So.3d .613 (Fla.2009), and Rabe-deau v. State, 2 So.3d 191 (Fla.2009), and (2) whether such an award would affect Appellant’s consecutive 21-year sentence. To ensure consistent rulings on substantially similar issues, we direct the trial court to consolidate this case and Circuit Court Case No.2012-178-CA (appealed as # 1D12-2828) for further proceedings.

REVERSED and REMANDED with instructions.

ROBERTS, RAY, and SWANSON, JJ., concur.

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PER CURIAM.

This is an appeal of a final order in Circuit Court Case No. 2011-41-CA dismissing a petition for writ of habeas corpus in which Appellant, a prison inmate, alleged his entitlement to immediate release. The trial court issued its ruling without affording Appellee an opportunity to show cause concerning whether Appellant was properly awarded all jail, prison, and gain-time credit. On Appellee’s proper concession of error, we reverse the order and remand with instructions that the trial court issue an order for Appellee to show cause regarding (1) whether Appellant has been properly awarded all jail, prison, and gain-time credits that are due under the law and as set forth in Gisi v. State, 4 So.3d .613 (Fla.2009), and Rabe-deau v. State, 2 So.3d 191 (Fla.2009), and (2) whether such an award would affect Appellant’s consecutive 21-year sentence. To ensure consistent rulings on substantially similar issues, we direct the trial court to consolidate this case and Circuit Court Case No.2012-178-CA (appealed as # 1D12-2828) for further proceedings.

REVERSED and REMANDED with instructions.

ROBERTS, RAY, and SWANSON, JJ., concur.

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Bluebook (online)

146 So. 3d 117, 2014 Fla. App. LEXIS 13614, 2014 WL 4290376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gore-v-crews-fladistctapp-2014.

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