Jones v. State, Department of Corrections

District Court of Appeal of Florida

Jones v. State, Department of Corrections

832 So. 2d 897, 2002 Fla. App. LEXIS 18578, 2002 WL 31828322

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 2002

DocketNo. 3D01-3193

StatusPublished

This text of 832 So. 2d 897 (Jones v. State, Department of Corrections) 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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Jones v. State, Department of Corrections, 832 So. 2d 897, 2002 Fla. App. LEXIS 18578, 2002 WL 31828322 (Fla. Ct. App. 2002).

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Opinion

SCHWARTZ, Chief Judge.

We find that the trial court properly denied the application of the appellant, a convicted second degree murderer in the custody of the Florida Department of Corrections, for additional overcrowding gain time credits, see Lynce v. Mathis, 519 U.S. 433, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997), and for credits equivalent to those granted to inmates eligible for Control Release. Our review of the record shows that as a person designated in Gomez v. Singletary, 733 So.2d 499 (Fla.1998), cert. denied, 528 U.S. 822, 120 S.Ct. 67, 145 L.Ed.2d 58 (1999) as a member of Offender Group 5, Gomez, 733 So.2d at 513 n. 3, he had in fact been granted, as required by Lynce, all the provisional gain time credits which had already been awarded and of which he therefore could not be deprived. As Gomez squarely holds, however, he was not entitled, as he argues, to additional credits which had not yet been awarded when section 944.278, Florida Statutes (1993), which purported to cancel all such credits, was enacted. See Winkler v. Moore, 831 So.2d 63 (Fla.2002). Furthermore, as a convicted murderer, he was not eligible for and thus was not entitled to credits under the Control Release program. Gomez, 733 So.2d at 506¹; see also Winkler, 831 So.2d at 65-67; Meola v. Department of Corrections, 732 So.2d 1029 (Fla.1998).

Affirmed.

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SCHWARTZ, Chief Judge.

We find that the trial court properly denied the application of the appellant, a convicted second degree murderer in the custody of the Florida Department of Corrections, for additional overcrowding gain time credits, see Lynce v. Mathis, 519 U.S. 433, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997), and for credits equivalent to those granted to inmates eligible for Control Release. Our review of the record shows that as a person designated in Gomez v. Singletary, 733 So.2d 499 (Fla.1998), cert. denied, 528 U.S. 822, 120 S.Ct. 67, 145 L.Ed.2d 58 (1999) as a member of Offender Group 5, Gomez, 733 So.2d at 513 n. 3, he had in fact been granted, as required by Lynce, all the provisional gain time credits which had already been awarded and of which he therefore could not be deprived. As Gomez squarely holds, however, he was not entitled, as he argues, to additional credits which had not yet been awarded when section 944.278, Florida Statutes (1993), which purported to cancel all such credits, was enacted. See Winkler v. Moore, 831 So.2d 63 (Fla.2002). Furthermore, as a convicted murderer, he was not eligible for and thus was not entitled to credits under the Control Release program. Gomez, 733 So.2d at 506¹; see also Winkler, 831 So.2d at 65-67; Meola v. Department of Corrections, 732 So.2d 1029 (Fla.1998).

Affirmed.

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832 So. 2d 897, 2002 Fla. App. LEXIS 18578, 2002 WL 31828322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-department-of-corrections-fladistctapp-2002.

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