Pope v. State

District Court of Appeal of Florida

Pope v. State

711 So. 2d 638, 1998 Fla. App. LEXIS 6515, 1998 WL 288271

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 1998

DocketNo. 97-2260

StatusPublished

This text of 711 So. 2d 638 (Pope 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.

Bluebook

Pope v. State, 711 So. 2d 638, 1998 Fla. App. LEXIS 6515, 1998 WL 288271 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We affirm the trial court’s order denying James Pope’s (defendant) petition for writ of habeas corpus/mandamus. In his petition, defendant asserted he was entitled to be released from the Department of Corrections, where he is serving a 22-year sentence for robbery, because he had not received provisional release credits pursuant to sections 944.277 and 947.146(3)(a) or (b), Florida Statutes (1990), which were in effect at the time he committed his crime. See Lynce v. Mathis, 519 U.S. 433, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997). The trial court correctly denied the defendant’s petition because the petition failed to allege that (1) the defendant had exhausted his administrative remedies with the Department of Corrections, and (2) the defendant would be entitled to receive the amount of credit equal to the amount of time remaining on his sentence. See Duggan v. Department of Corrections, 665 So.2d 1152, 1153 (Fla. 5th DCA 1996); see also Williams v. State, 519 So.2d 723, 724 (Fla. 5th DCA 1988). Accordingly, we affirm the trial court’s order.

AFFIRMED.

DAUKSCH, HARRIS and ANTOON, JJ., concur.

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PER CURIAM.

We affirm the trial court’s order denying James Pope’s (defendant) petition for writ of habeas corpus/mandamus. In his petition, defendant asserted he was entitled to be released from the Department of Corrections, where he is serving a 22-year sentence for robbery, because he had not received provisional release credits pursuant to sections 944.277 and 947.146(3)(a) or (b), Florida Statutes (1990), which were in effect at the time he committed his crime. See Lynce v. Mathis, 519 U.S. 433, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997). The trial court correctly denied the defendant’s petition because the petition failed to allege that (1) the defendant had exhausted his administrative remedies with the Department of Corrections, and (2) the defendant would be entitled to receive the amount of credit equal to the amount of time remaining on his sentence. See Duggan v. Department of Corrections, 665 So.2d 1152, 1153 (Fla. 5th DCA 1996); see also Williams v. State, 519 So.2d 723, 724 (Fla. 5th DCA 1988). Accordingly, we affirm the trial court’s order.

AFFIRMED.

DAUKSCH, HARRIS and ANTOON, JJ., concur.

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Bluebook (online)

711 So. 2d 638, 1998 Fla. App. LEXIS 6515, 1998 WL 288271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-state-fladistctapp-1998.

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