CLEMENTE HERNANDEZ, PETITIONER,
v.
MICHAEL W. MOORE, RESPONDENT

Fla. 3d DCA | 2001-01-03
No. 3D00-2990
Before SCHWARTZ, C.J., and SORONDO, and RAMIREZ, JJ.
773 So. 2d 1287 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

Clemente Hernandez is an inmate in the Florida state prison system seeking review of the circuit court’s denial of his petition for writ of mandamus in which he sought an award of additional overcrowding credits as discussed by the court in Gomez v. Singletary, 733 So. 2d 499 (Fla.1998).

Our review of the record discloses that Hernandez was convicted and sentenced for crimes committed between mid-1992 and May 1993. The Department of Corrections reviewed Hernandez’s record pursuant to Gomez and awarded him thirty-seven days of provisional credit. The circuit court refused to issue a Writ of Mandamus to force the Department to award him any additional Gomez credits. We hold that Hernandez has failed to demonstrate how the trial court’s order departed from the essential requirements of law. See Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 (Fla.1995).

Writ of certiorari denied.


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  • McCONNELL v. Moore, 819 So. 2d 838 (Fla. 1st DCA 2002)
    …stion, however, nor offered any reason to revisit our conclusion in Black v. Moore, 768 So. 2d 1236, 1238 (Fla. 1st DCA 2000), that Gomez resolved the methodology question for periods beginning on and after July 1, 1985. See also Hernandez v. Moore, 773 So. 2d 1287, 1287 (Fla. 3d DCA 2001). The petition for writ of certiorari is denied. WOLF and KAHN, JJ„ CONCUR.…

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