William v. Lamar

District Court of Appeal of Florida

William v. Lamar

414 So. 2d 1179, 1982 Fla. App. LEXIS 20266

District Court of Appeal of Florida·Decided June 9, 1982·No. No. 82-542·Published·Cited by 1 cases

Opinion

COWART, Judge.

Petitioner, serving fifty-one weeks in the county jail as a condition of probation, seeks by petition for writ of mandamus to have this court order jail officials to give him statutory gain time under section 951.-21, Florida Statutes (1981). The statute does not apply to incarceration as a condition of probation, as it is not a “sentence.” Heatherington v. State, 388 So.2d 1354 (Fla. [1180]*11805th DCA 1980); Adams v. State, 387 So.2d 498 (Fla. 5th DCA 1980). The petition for mandamus is

DENIED.

FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

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COWART, Judge.

Petitioner, serving fifty-one weeks in the county jail as a condition of probation, seeks by petition for writ of mandamus to have this court order jail officials to give him statutory gain time under section 951.-21, Florida Statutes (1981). The statute does not apply to incarceration as a condition of probation, as it is not a “sentence.” Heatherington v. State, 388 So.2d 1354 (Fla. [1180]*11805th DCA 1980); Adams v. State, 387 So.2d 498 (Fla. 5th DCA 1980). The petition for mandamus is

DENIED.

FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

William v. Lamar, 414 So. 2d 1179, 1982 Fla. App. LEXIS 20266 (Fla. Ct. App. 1982).

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Opinion

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