RONALD C. HAINES, APPELLANT,
v.
BROWARD COUNTY BOARD OF COMMISSIONERS AND BROWARD SHERIFF RON COCHRAN, APPELLEES

Fla. 4th DCA | 1997-05-28
No. 96-0152
POLEN and KLEIN, JJ., concur.
695 So. 2d 818 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

The court held that a state prisoner temporarily housed in county jail is not eligible for gain time under the county prisoner statute.

Facts & Procedural History

Defendant, a state prisoner serving a fifteen-year sentence, was temporarily transferred to county jail for a hearing. He sought gain time under a sta…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics
Temporary Custody

Explore caselaw by topic → Browse Temporary Custody cases and more on FLexlaw

Opinion of the Court
PARIENTE, Judge.

PARIENTE, Judge.

We affirm the trial court’s denial of defendant’s petition for writ of mandamus naming Broward County Board of Commissioners and Broward Sheriff Ron Cochran as respondents. Defendant sought gain time pursuant to section 951.21, Florida Statutes (1995), which applies to gain time for good conduct of county prisoners.

Defendant was serving a fifteen-year prison term and was thus already a state prisoner in the custody of the Department of Corrections at the time of his transfer from prison to the Broward County Jail to attend an evidentiary hearing. Therefore, he was in only the temporary custody of the sheriff. Section 951.21 would not be applicable because he was not a county prisoner. After a state prison sentence has been imposed, a defendant’s entitlement to any gain time, even for a temporary stay in county jail, is a decision that rests with the Department of Corrections. See Department of Corrections v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997). Our affirmance is without prejudice to defendant’s pursuing any remedies he may have with the Department of Corrections.

POLEN and KLEIN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • FOX v. Johnson, 141 So. 3d 709 (Fla. 2d DCA 2014)
    …prison sentences, and neither the Sheriffs Office nor the County Commissioners had the indisputable legal duty, or even the power, to award him section 951.21(1) gain time against his DOC sentences. See, e.g., Haines v. Broward Cnty. Bd. of Comm’rs, 695 So. 2d 818, 819 (Fla. 4th DCA 1997) (affirming denial of petition for writ of mandamus that had been sought to require sheriff and county commissioners to award defendant gain time pursuant to section 951.21, Florida Statutes (1995), for time the defendant was…
  • Howard v. State, 786 So. 2d 641 (Fla. 4th DCA 2001)
    …PER CURIAM. We affirm the denial of appellant Howard’s Petition for Gain Time Credit without prejudice to pursuing any administrative remedies he may have with the Department of Corrections. Haines v. Broward County Bd. of Com’rs, 695 So. 2d 818 (Fla. 4th DCA 1997). WARNER, C.J., FARMER and STEVENSON, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw