EDWIN GENE WILLIAM, PETITIONER,
v.
LAWSON LAMAR, ETC., RESPONDENT
EDWIN GENE WILLIAM, PETITIONER,
LAWSON LAMAR, ETC., RESPONDENT
414 So. 2d 1179
Florida District Court of Appeal, Fifth District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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. 5th 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Peter v. VAN Tassel, 486 So. 2d 528 (Fla. 1986)…lusive domain of the sentencing judge.* The [*529] Fifth District Court of Appeal has, in at least three opinions, held that gain time is not a matter of right in a situation like this because a probation order is not a “sentence.” William v. Lamar, 414 So. 2d 1179 (Fla. 5th DCA 1982); Heatherington v. State, 388 So. 2d 1354 (Fla. 5th DCA 1980); Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980). The First District Court of Appeal held in Bracey v. State, 356 So. 2d 72 (Fla. 1st DCA 1978), that jail time as a…
Authorities Cited
- Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980)
- Heatherington v. State, 388 So. 2d 1354 (Fla. 5th DCA 1980)