McCray v. Wainwright

District Court of Appeal of Florida

McCray v. Wainwright

397 So. 2d 1220, 1981 Fla. App. LEXIS 19720

CourtDistrict Court of Appeal of Florida

DecidedMay 11, 1981

DocketNo. TT-214

StatusPublished

Cited by1 cases

This text of 397 So. 2d 1220 (McCray v. Wainwright) 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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McCray v. Wainwright, 397 So. 2d 1220, 1981 Fla. App. LEXIS 19720 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Appellant petitioned the Circuit Court for a Writ of Habeas Corpus. In denying the Writ, that Court rejected appellant’s constitutional claim that retroactive application of the amended “gain time” statute [Section 944.27, Florida Statutes (1978)] was unconstitutional as an ex post facto law in that it reduced the gain time with which appellate was credited under the statute in effect at the date of his sentence. The United States Supreme Court has since accepted appellant’s argument. Weaver v. Graham, - U.S. -, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981).

Reversed and remanded for reconsideration in light of Weaver v. Graham, supra, and a determination whether appellant is entitled to release. Hawthorne v. Wainwright, 396 So.2d 724 (1st DCA 1981).

BOOTH and JOANOS, JJ., and PEARSON, TILLMAN (Retired), Associate Judge, concur.

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PER CURIAM.

Appellant petitioned the Circuit Court for a Writ of Habeas Corpus. In denying the Writ, that Court rejected appellant’s constitutional claim that retroactive application of the amended “gain time” statute [Section 944.27, Florida Statutes (1978)] was unconstitutional as an ex post facto law in that it reduced the gain time with which appellate was credited under the statute in effect at the date of his sentence. The United States Supreme Court has since accepted appellant’s argument. Weaver v. Graham, - U.S. -, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981).

Reversed and remanded for reconsideration in light of Weaver v. Graham, supra, and a determination whether appellant is entitled to release. Hawthorne v. Wainwright, 396 So.2d 724 (1st DCA 1981).

BOOTH and JOANOS, JJ., and PEARSON, TILLMAN (Retired), Associate Judge, concur.

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397 So. 2d 1220, 1981 Fla. App. LEXIS 19720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccray-v-wainwright-fladistctapp-1981.

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