STEVEN J. SHUPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
UPCHURCH, Chief Judge.
We affirm appellant’s conviction for burglary of a structure. We also affirm the sentence except that we strike the portion ordering that no gain time shall be allowed until restitution is paid.
It is well settled that a trial court is without 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 would have to be paid in full prior to the granting of gain time. As amended effective October 1, 1986, the statute deletes this language.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Moore v. Pearson, 789 So. 2d 316 (Fla. 2001)…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 def…
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Green v. State, 539 So. 2d 484 (Fla. 1st DCA 1988)…ry portion of his split sentence. Thus, the statutes give the circuit court no authority to declare a forfeiture. This can be done, if at all, by the DOC; and even the DOC’s power ceases upon a defendant’s release from incarceration. Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987); and Causey v. State, 504 So. 2d 34 (Fla. 1st DCA 1987). In Franklin v. State, 526 So. 2d 159, 163-4 (Fla. 5th DCA 1988) the court held that a defendant may be sentenced to a term of incarceration to be followed by a period of p…
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State v. McKENZIE, 574 So. 2d 1176 (Fla. 5th DCA 1991)…flat and arguably incorrect statement about legislative intent regarding gain time, its actual holding was that the Parole Commission has no authority to apply gain time — which is true, because the DOC ápplies gain time. See, e.g., Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987) (award of gain time is solely within the province of the Department of Corrections, and a trial court is without authority to prevent gain time); see also Hall v. State, 493 So. 2d 93 (Fla. 2d DCA 1986). One issue which Hall did…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985)
- 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)
- Causey v. State, 504 So. 2d 34 (Fla. 1st DCA 1987)