ANTONIO R. FELK, PETITIONER,
v.
RICHARD L. DUGGER, ETC., RESPONDENT
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The court held that section 944.277(1), Florida Statutes (Supp.1988), does not violate the ex post facto clauses when applied to an inmate whose offenses occurred prior to its effective date.
Petitioner sought a writ of habeas corpus or mandamus challenging the application of a statute to his sentence. The district court denied the petition…
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GRIMES, Justice.
Petitioner Felk seeks review of Felk v. Dugger, 577 So. 2d 717 (Fla. 1st DCA 1991), in which the district court affirmed the denial of Felk’s petition for a writ of habe-as corpus or mandamus on the authority of Miller v. Dugger, 565 So. 2d 846 (Fla. 1st DCA 1990), and Blankenship v. Dugger, 521 So. 2d 1097 (Fla.1988). The district court certified the following question as one of great public importance:
DOES SECTION 944.277(1), FLORIDA STATUTES (SUPP.1988), VIOLATE THE EX POST FACTO CLAUSES OF THE FLORIDA AND UNITED STATES CONSTITUTIONS WHEN APPLIED TO AN INMATE WHOSE OFFENSES OCCURRED PRIOR TO THE EFFECTIVE DATE OF THAT SECTION AND WHOSE SENTENCE COULD BE SHORTENED BY APPLICATION INSTEAD OF THAT SECTION’S PREDECESSOR, IN EFFECT WHEN THE OFFENSES OCCURRED?
Felk, 577 So. 2d at 718. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
We answered this question in the negative in Dugger v. Rodrick, 584 So. 2d 2 (Fla. 1991). In accordance with that decision, we approve the district court’s decision denying Felk’s petition for a writ of habeas corpus or mandamus.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, BARRETT, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dominguez v. State, 606 So. 2d 757 (Fla. 1st DCA 1992)…nts. The Supreme Court held that there was no ex post facto violation in ceasing to award the credit to those inmates, previously eligible, whose disqualifying offenses occurred prior to the effective date of the exclusions. See also Felk v. Dugger, 589 So. 2d 905 (Fla.1991). However, there was no provision in the 1988 amendments, as there is in the 1989 amendments involved herein, specifically stating that the pertinent new exclusion was to apply only to offenses occurring after the effective date thereof, h…
Authorities Cited
- Dugger v. Rodrick, 584 So. 2d 2 (Fla. 1991)
- Blankenship v. Dugger, 521 So. 2d 1097 (Fla. 1988)
- Miller v. Dugger, 565 So. 2d 846 (Fla. 1st DCA 1990)
- Anderson v. State, 577 So. 2d 717 (Fla. 1st DCA 1991)