PHYLLIS E. DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Winkler v. Moore, 831 So. 2d 63 (Fla. 2002)
  …ted itself during this time-frame, neither the Legislature nor any court had done so, and therefore we decline to accept that definition. The Department's definition was apparently accepted by two district courts, however, see e.g., Leggett v. Moore 765 So. 2d 258, 259 (Fla. 1st DCA 2000); Black v. Moore, 768 So. 2d 1236, 1236-38 (Fla. 1st DCA 2000); Grant v. Singletary, 730 So. 2d 805, 805-06 (Fla. 2d DCA 1999), and, therefore, to the extent those district court decisions conflict with this opinion, they are…
• Black v. Moore, 768 So. 2d 1236 (Fla. 1st DCA 2000)
  …trative gain time and provisional credits. We see no reason not to adopt the Department’s position that between 1980 and July 1, 1985, “lawful capacity” meant the maximum capacity of the prison system as detailed in its charts. See Leggett v. Moore, 765 So. 2d 258 (Fla. 1st DCA 2000). Accordingly, we hold that petitioner’s right to overcrowding credits available in 1983 was never triggered. [*1239] Because petitioner could only have contemplated receiving overcrowding credits if prison capacity had exceeded t…
• Vaughan v. State, 769 So. 2d 530 (Fla. 5th DCA 2000)
  …rt records would show on their face that his sentence was adversely affected by the application of the 1995 guidelines because the sentence imposed could not have been imposed under the 1994 guidelines without a departure. See, e.g., Davis v. State, 765 So. 2d 258 (Fla. 5th DCA 2000) (holding that motion raising Heggs claim was insufficient because it failed to allege sentence imposed could not have been imposed under 1994 guidelines). Therefore, we affirm the trial court’s order without prejudice to appellan…

Authorities Cited

• Heggs v. State, 759 So. 2d 620 (Fla. 2000)
• Miller v. Miller, 767 So. 2d 532 (Fla. 5th DCA 2000)
• Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000)