Hamby v. State

District Court of Appeal of Florida

Hamby v. State

619 So. 2d 972, 1993 Fla. App. LEXIS 75, 1993 WL 5300

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 1993

DocketNo. 92-2941

StatusPublished

Cited by1 cases

This text of 619 So. 2d 972 (Hamby v. State) 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.

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Hamby v. State, 619 So. 2d 972, 1993 Fla. App. LEXIS 75, 1993 WL 5300 (Fla. Ct. App. 1993).

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Opinion

PETERSON, Judge.

James Hamby, an inmate at Marion Correctional Institution, petitioned for a writ of habeas corpus, alleging that he lost eighty days’ gain time as a result of disciplinary action and that the record supports his position that the time should be restored. We deny the petition.

Habeas corpus relief is not available as a remedy to contest loss of gain time unless an inmate is being unlawfully detained and is entitled to an immediate release. See Thomas v. Dugger, 548 So.2d 230 (Fla.1989); Williams v. State, 519 So.2d 723 (Fla. 5th DCA 1988). If Hamby has exhausted his administrative remedies, he may be entitled to seek a writ of mandamus in the circuit court to compel lawful application of gain time rules. See, e.g., Crain v. State, 579 So.2d 411 (Fla. 2d DCA 1991); Cole v. Dugger, 543 So.2d 1296 (Fla. 1st DCA 1989); Hall v. Wainwright, 498 So.2d 670 (Fla. 1st DCA 1986).

DENIED.

DAUKSCH and HARRIS, JJ., concur.

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PETERSON, Judge.

James Hamby, an inmate at Marion Correctional Institution, petitioned for a writ of habeas corpus, alleging that he lost eighty days’ gain time as a result of disciplinary action and that the record supports his position that the time should be restored. We deny the petition.

Habeas corpus relief is not available as a remedy to contest loss of gain time unless an inmate is being unlawfully detained and is entitled to an immediate release. See Thomas v. Dugger, 548 So.2d 230 (Fla.1989); Williams v. State, 519 So.2d 723 (Fla. 5th DCA 1988). If Hamby has exhausted his administrative remedies, he may be entitled to seek a writ of mandamus in the circuit court to compel lawful application of gain time rules. See, e.g., Crain v. State, 579 So.2d 411 (Fla. 2d DCA 1991); Cole v. Dugger, 543 So.2d 1296 (Fla. 1st DCA 1989); Hall v. Wainwright, 498 So.2d 670 (Fla. 1st DCA 1986).

DENIED.

DAUKSCH and HARRIS, JJ., concur.

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619 So. 2d 972, 1993 Fla. App. LEXIS 75, 1993 WL 5300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamby-v-state-fladistctapp-1993.

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