Hernandez v. Moore

District Court of Appeal of Florida

Hernandez v. Moore

773 So. 2d 1287, 2001 Fla. App. LEXIS 39, 2001 WL 6230

CourtDistrict Court of Appeal of Florida

DecidedJanuary 3, 2001

DocketNo. 3D00-2990

StatusPublished

Cited by1 cases

This text of 773 So. 2d 1287 (Hernandez v. Moore) 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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Hernandez v. Moore, 773 So. 2d 1287, 2001 Fla. App. LEXIS 39, 2001 WL 6230 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Clemente Hernandez is an inmate in the Florida state prison system seeking review of the circuit court’s denial of his petition for writ of mandamus in which he sought an award of additional overcrowding credits as discussed by the court in Gomez v. Singletary, 733 So.2d 499 (Fla.1998).

Our review of the record discloses that Hernandez was convicted and sentenced for crimes committed between mid-1992 and May 1993. The Department of Corrections reviewed Hernandez’s record pursuant to Gomez and awarded him thirty-seven days of provisional credit. The circuit court refused to issue a Writ of Mandamus to force the Department to award him any additional Gomez credits. We hold that Hernandez has failed to demonstrate how the trial court’s order departed from the essential requirements of law. See Haines City Cmty. Dev. v. Heggs, 658 So.2d 523 (Fla.1995).

Writ of certiorari denied.

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PER CURIAM.

Clemente Hernandez is an inmate in the Florida state prison system seeking review of the circuit court’s denial of his petition for writ of mandamus in which he sought an award of additional overcrowding credits as discussed by the court in Gomez v. Singletary, 733 So.2d 499 (Fla.1998).

Our review of the record discloses that Hernandez was convicted and sentenced for crimes committed between mid-1992 and May 1993. The Department of Corrections reviewed Hernandez’s record pursuant to Gomez and awarded him thirty-seven days of provisional credit. The circuit court refused to issue a Writ of Mandamus to force the Department to award him any additional Gomez credits. We hold that Hernandez has failed to demonstrate how the trial court’s order departed from the essential requirements of law. See Haines City Cmty. Dev. v. Heggs, 658 So.2d 523 (Fla.1995).

Writ of certiorari denied.

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773 So. 2d 1287, 2001 Fla. App. LEXIS 39, 2001 WL 6230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-moore-fladistctapp-2001.

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