HARRY K. SINGLETARY, SECRETARY FOR THE FLORIDA DEPARTMENT OF CORRECTIONS, APPELLANT,
v.
NICHOLAS ARMSTRONG, APPELLEE
Explore caselaw by topic → Browse Minimum Mandatory Term cases and more on FLexlaw
FRANK, Judge.
The Department of Corrections has appealed from an order granting mandamus relief to Mr. Armstrong based on Buffa v. Singletary, 652 So. 2d 885 (Fla. 1st DCA 1995). The trial court found that forfeiture of Mr. Armstrong’s gain-time earned during imprisonment for a mandatory term was improper. Since that time the First District has receded from Buffa in Singletary v. Jones, 681 So. 2d 836 (Fla. 1st DCA 1996). The Jones court held that basic gain-time is subject to forfeiture in connection with disciplinary action during a mandatory minimum term. We agree with the reasoning in Jones and accordingly reverse the order granting mandamus relief and remand to the trial court with directions to dismiss Mr. Armstrong’s petition for mandamus.
PARKER, C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Maddox v. State, 760 So. 2d 89 (Fla. 2000)…. corrected during the window period even though unpreserved. See State v. Mancino, 714 So. 2d 429, 432 (Fla.1998). Similarly, we conclude that in these cases the appellate courts should correct errors such as those that occurred in Peavy v. State, 706 So. 2d 943, 944 (Fla. 1st DCA 1998), where a written judgment “seemingly adjudicates defendant guilty of offenses unsupported by the evidence presented at trial and of which the jury did not find him guilty” due to an apparent error in the written judgment. Th…
-
Miller v. State, 764 So. 2d 640 (Fla. 1st DCA 2000)…entenced for four first-degree grand thefts and one third-degree grand theft in those counts, when he should have been sentenced for five second-degree felonies, the error is fundamental. He is correct. See Hudson, 732 So. 2d at 422; Peavy v. State, 706 So. 2d 943 (Fla. 1st DCA 1998). We remand with directions to the trial court to correct the written judgment of sentence so that it reflects the correct degree of felony in Counts 3, 28, 46, 50, and 53 in accordance with the jury’s verdicts and the court’s ora…
-
Johnson v. State, 710 So. 2d 715 (Fla. 1st DCA 1998)…sentence was raised in the trial court, we conclude that adjudicating appellant guilty of the charged felony in Case No. 96-1639, when his plea was entered to a lesser included misdemeanor offense, constitutes fundamental error. Cf. Peavy v. State, 706 So. 2d 943 (Fla. 1st DCA 1998). Accordingly, we reverse the judgment and sentence in Case No. 96-1639, and remand that case to the trial court for further proceedings consistent with this opinion. AFFIRMED in part, REVERSED in part, and REMANDED. WOLF, MIC…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Singletary v. Jones, 681 So. 2d 836 (Fla. 1st DCA 1996)
- Buffa v. Singletary, 652 So. 2d 885 (Fla. 1st DCA 1995)