RAYMOND M. MATTSON
v.
RICKY D. DIXON, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2021-12-01
No. 21-3240
Florida District Court of Appeal, First District (2021)

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Holding

When a circuit court finds an inmate eligible for incentive gain-time, the Department of Corrections must redetermine the inmate's gain-time awards and sentence completion date rather than wholly denying relief based on discretionary authority.


Headnotes

[1] When a circuit court determines that an inmate is eligible for incentive gain-time, the Department of Corrections must redetermine the inmate's gain-time awards and sente…

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Facts & Procedural History

Petitioner sought review of the Department of Corrections' determination that he was ineligible for incentive gain-time and requested immediate releas…

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Opinion of the Court
Rowe

PER CURIAM.

In the case below, Petitioner sought review of the Department of Corrections’ quasi-judicial determination that Petitioner is ineligible to receive incentive gain-time and its refusal to award him such gain-time. He sought immediate release arguing that if he had been awarded incentive gain-time throughout his incarceration, he would now have completed his sentence. The circuit court found that Petitioner is eligible for incentive gain-time but denied him any relief, finding that the Department has discretion in awarding incentive gain-time. See Newell v. Fla. Dep’t of Corr., 214 So. 3d 721, 722–23 (Fla. 1st DCA 2017). The Court grants the petition for writ of certiorari, reverses the circuit court’s

October 12, 2021, Order Granting Petitioner’s Motion for Rehearing, Vacating Order Entered on August 31, 2021, and Denying Emergency Petition for Writ of Habeas Corpus to the extent that it wholly denied relief, and remands with directions that the circuit court order the Department to redetermine Petitioner’s incentive gain-time and sentence completion date in light of the circuit court’s finding that he is eligible for incentive gain-time awards. ROWE, C.J., and ROBERTS and RAY, JJ., concur. _____________________________


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