Leftwich v. Florida Department of Corrections

District Court of Appeal of Florida

Leftwich v. Florida Department of Corrections

101 So. 3d 404, 2012 Fla. App. LEXIS 20235, 37 Fla. L. Weekly Fed. D 2691

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 2012

DocketNo. 1D12-1739

StatusPublished

Cited by2 cases

This text of 101 So. 3d 404 (Leftwich v. Florida 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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Leftwich v. Florida Department of Corrections, 101 So. 3d 404, 2012 Fla. App. LEXIS 20235, 37 Fla. L. Weekly Fed. D 2691 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

In accordance with our decision in McBride v. Moore, 780 So.2d 221 (Fla. 1st DCA 2001), the circuit court correctly concluded that after being sentenced as an habitual offender, petitioner was ineligible for provisional credits on all his sentences, including those imposed before he was designated an habitual offender. Accordingly, we DENY the petition for writ of certiora-ri on the merits, but CERTIFY that our [405]*405decision conflicts with Downs v. Crosby, 874 So.2d 648 (Fla. 2d DCA 2004).

WOLF, THOMAS, and CLARK, JJ., Concur.

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PER CURIAM.

In accordance with our decision in McBride v. Moore, 780 So.2d 221 (Fla. 1st DCA 2001), the circuit court correctly concluded that after being sentenced as an habitual offender, petitioner was ineligible for provisional credits on all his sentences, including those imposed before he was designated an habitual offender. Accordingly, we DENY the petition for writ of certiora-ri on the merits, but CERTIFY that our [405]*405decision conflicts with Downs v. Crosby, 874 So.2d 648 (Fla. 2d DCA 2004).

WOLF, THOMAS, and CLARK, JJ., Concur.

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101 So. 3d 404, 2012 Fla. App. LEXIS 20235, 37 Fla. L. Weekly Fed. D 2691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leftwich-v-florida-department-of-corrections-fladistctapp-2012.

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