CURTIS MATHIS, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
Explore caselaw by topic → Browse Confession Of Error cases and more on FLexlaw
PER CURIAM.
Mathis sought relief in circuit court by writ of mandamus, asserting that forfeiture of certain gain-time and provisional release credits violated the ex post facto clause. The petition was denied and Mathis timely appealed to this court. In his initial brief appellant relied upon Orosz v. Singletary, 655 So. 2d 1112 (Fla.1995). Rather than filing an answer brief, appellee moved this court for a relinquishment of jurisdiction to the circuit court for reconsideration of its order in light of Orosz. We determine that a more appropriate disposition is to treat this motion as a confession of error and, accordingly, we do so and REVERSE and REMAND for further proceedings, directing the trial court to revisit the mandamus petition with due consideration to the supreme court’s Orosz decision.
WOLF, MICKLE and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Freels v. State, 701 So. 2d 1207 (Fla. 1st DCA 1997)…and that the trial court erred in denying the claim without an evidentiary hearing or attachments from the trial court files and records which conclusively refute the claim. See also, Lee v. State, 677 So. 2d 312 (Fla. 1st DCA 1996); Hills v. State, 671 So. 2d 223 (Fla. 1st DCA 1996); Espinoza v. State, 679 So. 2d 47 (Fla. 4th DCA 1996). As to the second of the claims, the appellant asserted that his trial counsel was ineffective for failing to object to the improper scoring of two out-of-state convictions.…
-
Terence R. Davis v. State, 716 So. 2d 274 (Fla. 4th DCA 1998)…ctive and trial court erred in failing to inquire whether appellant understood significance and reasonable consequences of habitualization, including maximum penalty and ineligibility for certain gain-time and early-release credits); Hills v. State, 671 So. 2d 223 (Fla. 1st DCA 1996) (affirming portion of summary denial of postconviction motion claiming defendant was not informed of requirement of minimum mandatory sentences because conclusively refuted by record, but reversing in part because attachments did…
Authorities Cited
- R.M. Orosz v. Singletary, 655 So. 2d 1112 (Fla. 1995)