LAWRENCE D. BROWN, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLEE
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The court held that mandamus is not appropriate to compel the restoration of gain time because the restoration is a discretionary function, not a ministerial one.
Lawrence Brown appealed the denial of his petition for a writ of mandamus seeking restoration of gain time forfeited upon his return to custody for pa…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Lawrence Brown appeals the denial of his petition for writ of mandamus. After Brown was returned to custody in 1988 for violation of parole, all gain time accrued prior to his 1986 release from prison was forfeited. Brown sought without success to have the lost gain time restored pursuant to Rule 33-11.015, Florida Administrative Code. He then filed the petition that is the subject of this appeal.
The trial court found, and we agree, that restoration of gain time under the rule is a discretionary, rather than a ministerial, function. Accordingly, mandamus will not lie to compel performance. City of Miami Beach v. Mr. Samuel’s, Inc., 351 So. 2d 719 (Fla.1977).
Additional arguments regarding the initial forfeiture of the gain time, presented to the trial court in a motion for rehearing, are without merit. Raske v. Martinez, 876 F. 2d 1496 (11th Cir.), cert. denied, 493 U.S. 993, 110 S.Ct. 543, 107 L.Ed.2d 540 (1989).
Affirmed.
SCHOONOVER, C.J., LEHAN and FRANK, JJ., concur.
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Bolden v. Fla. Dep't OF Corr., 865 So. 2d 1 (Fla. 1st DCA 2002)…ence to the end of the longer, unrelated, ineligible sentence and then toll the beginning of the supervision period until the inmate had been released from prison. In upholding the Department’s actions, the court cited with approval State v. Savage, 589 So. 2d 1016 (Fla. 5th DCA 1991), and Bradley v. State, 721 So. 2d 775 (Fla. 5th DCA 1998), as authority for tolling the supervision period while the inmate remained in prison on unrelated, uncovered offenses. The court explained that requiring these more at-ris…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Miami Beach v. MR. Samuel's, Inc., 351 So. 2d 719 (Fla. 1977)
- Raske v. Martinez, 876 F.2d 1496 (11th Cir. 1989)
- St. Clair v. City of Chico, 493 U.S. 993 (U.S. 1989)
- Black v. Bolin, 493 U.S. 993 (U.S. 1989)