FLORIDA DEPARTMENT OF CORRECTIONS, PETITIONER,
v.
MAURICE RICO, RESPONDENT
FLORIDA DEPARTMENT OF CORRECTIONS, PETITIONER,
MAURICE RICO, RESPONDENT
975 So. 2d 632
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The Department of Corrections seeks certiorari review of a circuit court order directing it to award respondent gain time. As this court has recognized, 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 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fla. Dep't OF Corr. v. Jewel P. Goodman, 995 So. 2d 1097 (Fla. 4th DCA 2008)…n inmate’s release date, rather than the sentencing court. The court did not act on this letter. The Department of Corrections now seeks certiorari review of the trial court’s orders. Certiorari lies to review them. See Fla. Dep’t of Corr. v. Rico, 975 So. 2d 632 (Fla. 4th DCA 2008). The Attorney General’s Office has filed a response in this court advising that it agrees with the petitioner Department of Corrections that the trial court’s orders in this case exceeded the authority of the sentencing court, as…
Authorities Cited
- James v. Crosby, Jr., 861 So. 2d 102 (Fla. 4th DCA 2003)
- Fla. Dep't OF Corr. v. Martinez, 873 So. 2d 537 (Fla. 4th DCA 2004)
- Butler v. State, 873 So. 2d 537 (Fla. 1st DCA 2004)