JEFFRY DICKERSON
v.
STATE OF FLORIDA
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A trial court lacks authority to direct the Department of Corrections to deny an inmate gain time or credit for time served, as such decisions are exclusively within DOC's jurisdiction and any judicial directive violates separation of powers.
[1] A trial court lacks authority to order the Department of Corrections to deny an inmate gain time or credit for time served, as such decisions are exclusively within DOC's…
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Join FLexlaw to unlock all legal intelligence“Only DOC is responsible for calculating and awarding credit for time served after imposition of a sentence, not a trial court.”
Court explaining the exclusive jurisdiction of the Department of Corrections over sentence credits
Dickerson filed a Rule 3.850 postconviction motion raising several grounds. The postconviction court held an evidentiary hearing and, after finding hi…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JEFFRY DICKERSON,
Appellant,
v. Case No. 5D21-1062 LT Case No. 2015-CF-409
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed November 12, 2021
3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
TRAVER, J.
Jeffry Dickerson appeals the postconviction court’s denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the
2 postconviction court’s denial of Dickerson’s motion but remand for it to strike an order concerning Dickerson’s Department of Corrections (“DOC”) gain time. The postconviction court set an evidentiary hearing on several grounds Dickerson raised, and accordingly, ordered him transported from DOC. Following the hearing, which occurred about six weeks after Dickerson arrived, the postconviction court opined Dickerson’s arguments were “completely unsupported” and “ridiculous.” It suggested it would recommend to DOC that Dickerson not receive gain time for time spent awaiting his hearing. It then followed its statement with a signed “Felony Court Order” containing an unelaborated denial of Dickerson’s motion1 and a directive that “[Dickerson] is not to receive credit for time out of facility awaiting this hearing.” Only DOC is responsible for calculating and awarding credit for time served after imposition of a sentence, not a trial court. Buelow v. State, 994 So. 2d 1214, 1215 (Fla. 5th DCA 2008). Lower courts are permitted to recommend DOC institute disciplinary proceedings, provided they do not order DOC to take any explicit action. See Hall v. State, 752 So. 2d 575,
HARRIS and NARDELLA, JJ., concur.
2 We express no opinion on the frivolity of Dickerson’s petition. On remand, the postconviction court may pursue the appropriate procedure regarding DOC discipline at its discretion. See § 944.279(1), Fla. Stat. (2020); Fla. R. Crim. P. 3.850(n)(3).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hall v. State of Fla. & Michael W. Moore, 752 So. 2d 575 (Fla. 2000)
- McCRAY v. State, 913 So. 2d 709 (Fla. 1st DCA 2005)
- Isom v. State, 43 So. 3d 776 (Fla. 5th DCA 2010)