JAMES V. CROSBY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, PETITIONER,
v.
OTIS HARVEY, RESPONDENT
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The Florida Fourth District Court of Appeal granted certiorari and vacated a circuit court order awarding gain time to a state prisoner, holding that only the Department of Corrections has authority to award gain time to prisoners, not sentencing courts.
A sentencing court lacks authority to award gain time to state prisoners; that authority rests exclusively with the Department of Corrections.
[1] A sentencing court lacks authority to award gain time to state prisoners; such authority rests exclusively with the Department of Corrections, and any sentencing order at…
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Join FLexlaw to unlock all legal intelligenceOtis Harvey, a state prisoner, was incarcerated at Broward County Jail while waiting to testify in a criminal prosecution, and the circuit court order…
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PER CURIAM.
The Department of Corrections seeks certiorari review of a circuit court order directing the Department to award respondent Otis Harvey, a state prisoner, gain time for the time he was incarcerated at the Broward County Jail waiting to testify in a criminal prosecution. We grant the petition and vacate the order, because the sentencing court lacks authority to award gain time to state prisoners. That authority rests within the exclusive province of the Department. See State v. Green, 547 So. 2d 925, 927 (Fla.1989); Walker v. State, 619 So. 2d 518, 519 (Fla. 1st DCA 1993). Where a sentencing court attempts to either bar or grant gain time awards, those portions of the sentencing order have been struck or treated as “surplusage.” See Singletary v. Coronado, 673 So. 2d 924 (Fla. 2d DCA 1996)(holding that trial court lacked authority to award gain time to prisoners who testified at state’s behest); Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987)(striking portion of sentence ordering that no gain time be allowed until restitution was paid); Hall v. State, 493 So. 2d 93 (Fla. 2d DCA 1986)(finding that trial court could not bar gain time upon violation of probation by defendant).
PETITION GRANTED.
GUNTHER, TAYLOR and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fla. Dep't OF Corr. v. Martinez, 873 So. 2d 537 (Fla. 4th DCA 2004)…in Broward County Jail waiting to testify. It is well settled that the sentencing court lacks authority to award gain time to state prisoners, as this is a matter within the exclusive province of the Department of Corrections. See Crosby v. Harvey, 861 So. 2d 102, 102 (Fla. 4th DCA 2003). Therefore, we grant the petition for writ of certiorari and quash the circuit court’s order. PETITION GRANTED. WARNER, POLEN and GROSS, JJ., concur.…
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Fla. Dep't OF Corr. v. RICO, 975 So. 2d 632 (Fla. 4th DCA 2008)…he sentencing court lacks authority to award gain time to state prisoners, as this is a matter within the exclusive province of the Department of Corrections. See Fla. Dep’t of Corr. v. Martinez, 873 So. 2d 537 (Fla. 4th DCA 2004); Crosby v. Harvey, 861 So. 2d 102, 102 (Fla. 4th DCA 2003). Therefore, we grant the petition for writ of certiorari and quash the circuit court’s order. SHAHOOD, C.J., Stone and GROSS, JJ., concur.…
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Fla. Dep't OF Corr. v. Jewel P. Goodman, 995 So. 2d 1097 (Fla. 4th DCA 2008)…thority of the sentencing court, as the matter of awarding gain time to state prisoners is one within the exclusive province of the Department of Corrections. See Fla. Dep’t of Corr. v. Martinez, 873 So. 2d 537 (Fla. 4th DCA 2004); Crosby v. Harvey, 861 So. 2d 102 (Fla. 4th DCA 2003). Therefore, we grant the petition for writ of certiorari and quash the trial court’s two orders clarifying Goodman’s sentences in these eases. The cases are remanded for further proceedings in the circuit court consistent with t…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987)
- Singletary v. Coronado, 673 So. 2d 924 (Fla. 2d DCA 1996)
- Walker v. State, 619 So. 2d 518 (Fla. 1st DCA 1993)
- Black v. Unemployment Appeals Comm'n, 493 So. 2d 93 (Fla. 5th DCA 1986)
- Hall v. State, 493 So. 2d 93 (Fla. 2d DCA 1986)