JACOB WILLIAMS, APPELLANT,
v.
THE DEPARTMENT OF CORRECTIONS, APPELLEE
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Jacob Williams appealed the denial of a writ of mandamus challenging the Department of Corrections' forfeiture of 1,204 days of gain time he had earned before his incarceration. The court affirmed the denial of mandamus but remanded for the sentencing court to reconsider the plea agreement and either resentence Williams or allow him to withdraw his plea to effectuate the parties' original intent.
While the DOC acted within its discretion in forfeiting gain time under section 944.28(1), the trial court erred in denying the mandamus petition outright. The court should have treated the petition as a motion to enforce the plea agreement and transferred the cause to the sentencing court for resentencing that effectuates the parties' original intent or allows Williams to withdraw his plea.
[1] A Department of Corrections' forfeiture of earned gain time is permissible when a defendant violates community control and enters into a negotiated plea agreement.
[2] A court cannot compel the enforcement of a negotiated plea agreement that would usurp the executive authority of the Department of Corrections.
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Join FLexlaw to unlock all legal intelligence“the DOC had acted within its discretion in forfeiting Williams' gain time pursuant to section 944.28(1)”
Establishes that the DOC has statutory authority to forfeit gain time, so mandamus cannot compel enforcement of the plea agreement against the DOC.
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Join FLexlaw to unlock all legal intelligenceWilliams violated community control and entered a negotiated plea agreement resulting in a 15-year sentence with 6 years and 6 months credit for time …
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[*1133] PER CURIAM.
Jacob Williams appeals from the denial of his writ of mandamus. We affirm, in part, and remand, in part.
Williams violated his community control and entered into a negotiated plea agreement wherein his community control was revoked, and he was sentenced to fifteen years imprisonment with six years and six months credit for time previously served. The award of six years and six months, or 2,372.5 days, credit for time previously served included 1204 days of gain time previously earned.
Upon Williams’ return to the Department of Corrections [DOC], pursuant to section 944.28(1), Florida Statutes (1995), the DOC declared a forfeiture of the 1204 days of gain time he had previously earned. After exhausting all of the administrative remedies provided by the DOC, Williams filed a petition for writ of mandamus in the trial court requesting that the DOC be compelled to award him gain time in accordance with the negotiated plea. In addition, Williams alleged that because of the DOC’s forfeiture of the previously awarded gain time, he was being illegally detained, and that had the gain time been properly credited, he should have been released in 1996.
The trial court denied the writ of mandamus finding that the DOC had acted within its discretion in forfeiting Williams’ gain time pursuant to section 944.28(1). Forbes v. Singletary, 684 So. 2d 173, 174-75 (Fla.1996); Bradley v. State, 631 So. 2d 1096, 1098 (Fla.1994). We agree with the trial court’s finding because any attempt to compel enforcement of the negotiated plea agreement would be a usurpation of the DOC’s executive authority. Singletary v. Evans, 676 So. 2d 51, 52 (Fla. 5th DCA 1996); Davis v. Singletary, 659 So. 2d 1126, 1127 (Fla. 2d DCA 1995).
However, we also agree with Williams’ contention that all parties to the negotiated plea agreement contemplated that, of the fifteen-year sentence, he would only serve eight and a half years, and that the DOC’s forfeiture of his gain time thwarted the intent of the negotiated plea agreement. Therefore, the trial court should have treated the petition as a motion to enforce the plea agreement and transferred the cause to the sentencing court1 for resentencing in a manner that effectuates the intent of the plea agreement and takes into account the effect of the DOC’s forfeiture of Williams’ gain time or allows Williams to withdraw his plea. Davis, 659 So. 2d at 1127.
Because Williams contends that he is entitled to immediate release, we remand this cause for expedited proceedings. Additionally, rehearing is dispensed with and the mandate will issue immediately.
Affirmed, in part, and remanded, in part.
. Williams was sentenced for the violation of community control in the Palm Beach County Circuit Court. However, because Williams is incarcerated at the Everglades Correctional Institution in Miami-Dade County, he properly filed his petition for writ of mandamus in Dade County Circuit Court and the subsequent appeal is properly before this Court. Green v. State, 698 So. 2d 575, 576 (Fla. 5th DCA), review dismissed, 705 So. 2d 901 (Fla. 1997). On remand, this cause should be transferred to the sentencing court, namely, the Palm Beach County Circuit Court. Davis, 659 So. 2d at 1127.
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Cited By (13 total)
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Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002)…e cannot be countermanded by the court, but neither can that forfeiture thwart the plea bargain. E.g., Jones v. State, 782 So. 2d 552 (Fla. 5th DCA 2001); see also Wallace v. State, 793 So. 2d 78 (Fla. 2d DCA 2001); Williams v. Dep’t of Corrections, 734 So. 2d 1132 (Fla. 3d DCA 1999). ORDER VACATED; REMANDED. GRIFFIN and ORFINGER, R.B., J.J., concur.…
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State v. Nashawn P. Jackson, 842 So. 2d 1040 (Fla. 3d DCA 2003)…reement or Vacation of Plea and vacated the revocation of probation because the forfeiture of the Defendant’s gain time by the Department of Corrections thwarted the intent of the negotiated plea agreement. See Williams v. Department of Corrections, 734 So. 2d 1132, 1133 (Fla. 3d DCA 1999); see also Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002); Wallace v. State, 793 So. 2d 78 (Fla. 2d DCA 2001). Although there may be a suggestion inherent in the trial court’s Order that the trial court had the author…
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McALLISTER v. State, 821 So. 2d 1250 (Fla. 1st DCA 2002)…agreement given the DOC’s forfeiture, or by allowing the appellant to withdraw from his plea. See Martin v. State, 816 So. 2d 1213 (Fla. 5th DCA 2002); Flowers v. State, 754 So. 2d 65, 66-67 (Fla. 3d DCA 2000); Williams v. Department of Corrections, 734 So. 2d 1132, 1133 (Fla. 3d DCA 1999); Foldi v. State, 695 So. 2d 886, 887 (Fla. 2d DCA 1997). It is clear from the language of these cases that effectuating the plea agreement is proper even though the appellant had no legal entitlement to such gain time since…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- L.C. Bradley v. State, 631 So. 2d 1096 (Fla. 1994)
- Forbes v. Singletary, 684 So. 2d 173 (Fla. 1996)
- Green v. State, 698 So. 2d 575 (Fla. 5th DCA 1997)
- Carlton Davis v. Singletary, 659 So. 2d 1126 (Fla. 2d DCA 1995)
- Singletary v. Hon. Robert Evans, 676 So. 2d 51 (Fla. 5th DCA 1996)