HERBERT JACKSON, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 3d DCA | 1997-06-11
No. 96-2286
Before SCHWARTZ, C.J., and JORGENSON and SORONDO, JJ.
695 So. 2d 494 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon our conclusion that, in the circumstances of his ease, the appellant Jackson became entitled to administrative gain time under section 944.276, Florida Statutes (1987)(repealed by eh. 88-122, § 6, at 527, 537, Laws of Fla.) and provisional credits under section 944.277, Florida Statutes (Supp.1988)(repealed by ch. 93-406, § 32, at 2911, 2966, Laws of Fla.), the order below denying mandamus is reversed1 because he was unlawfully deprived of those benefits by the enactment of section 944.278, Florida Statutes (1993). Lynce v. Mathis, — U.S. -, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997); see also Orosz v. Singletary, 693 So. 2d 538 (Fla.1997). The cause is remanded for determination of the precise amount of time to which he is entitled.

. We reject the appellee’s claim that the appeal is untimely.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Jackson v. Fla. Dep't OF Corr., 790 So. 2d 398 (Fla. 2001)
  • Jackson v. Fla. Dep't OF Corr., 790 So. 2d 381 (Fla. 2001)
  • State v. Lancaster, 731 So. 2d 1227 (Fla. 1998)
    …under the analysis of Lynce, the State cannot apply section 944.278 (the Safe Streets Initiative) to Lancaster to cancel his Administrative Gain Time or Provisional Credits without violating the Ex Post Facto Clause. See also Jackson v. Singletary, 695 So. 2d 494 (Fla. 3d DCA 1997)(applying first part of section 944.278 canceling awards for all inmates serving sentences in DOC’s custody to petitioner would be an ex post facto violation based on analysis in Lynce)-, State ex rel. Florida Dept. of Corrections…

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