HAROLD E. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in denying statutory gain time, as awarding gain time is solely within the province of the Department of Corrections and cannot be waived by a defendant.
The defendant violated probation and was sentenced. The trial court denied statutory gain time, which the defendant had purportedly waived under a ple…
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[*94] SANDERLIN, Judge.
In this appeal Hall takes issue with the sentence he received after violation of probation. Essentially, he argues the trial court erred in denying statutory gain time. We agree.
According to section 944.275, Florida Statutes (1983), awarding of gain time is solely within the province of the Department of Corrections. See also Curry v. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982). Thus, the trial court cannot bar gain time nor may the defendant be compelled to forego the same under plea negotiations.
In Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985), the defendant appealed from the trial court’s denial of his motion to correct an illegal sentence. Under a plea bargain, he had voluntarily waived gain time. On appeal he argued that he could not waive gain time under any circumstances. We agreed and held,
[A] trial court has no authority to prevent gain time. See Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985). Consequently, any waiver of gain time by the defendant was ineffective and the portion of the trial court order referring to gain time was surplusage.
Prangler at 106.
Relying on Prangler, we affirm the sentence but modify it by striking all references to defendant’s waiver of gain time.
RYDER, A.C.J., and BOARDMAN, EDWARD F., (Ret.), J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moore v. Pearson, 789 So. 2d 316 (Fla. 2001)…ourt 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). Contrary to DOC’s contention here, however, an otherwise lawful coterminous sentence6 does not constitute “court-ordered gain time” wher…
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Green v. State, 539 So. 2d 484 (Fla. 1st DCA 1988)…form of gain time. The awarding of statutory gain time is solely a function of the DOC, and the trial court is without authority to prevent such award or order its waiver. See Curry v. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982); Hall v. State, 493 So. 2d 93 (Fla. 2d DCA 1986). The forfeiture of gain time is governed by § 944.28, Florida Statutes. Subsection (1) of that statute permits the DOC to declare an automatic forfeiture of gain time if a prisoner is convicted of escape or has his parole revoked…
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Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987)…thout authority to prevent gain time and that the award of gain time, pursuant to section 944.275, Florida Statutes, is solely within the province of the Department of Corrections.1 Causey v. State, 504 So. 2d 34 (Fla. 1st DCA 1987); Hall v. State, 493 So. 2d 93 (Fla. 2d DCA 1986); Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985). AFFIRMED in part; REVERSED in part. DAUKSCH and ORFINGER, JJ., concur. . Prior to October 1,1986, section 27.3455, Florida Statutes, provided that court costs imposed wou…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985)
- Curry v. Louie L. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982)
- Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985)