BURNICE C. BAXLEY, APPELLANT,
v.
DENNIS O'NEILL, WARDEN, AND NEW RIVER CORRECTIONAL INST., APPELLEES
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The court held that the petitioner is not entitled to provisional credits because the offense was committed before the effective date of the amended statute.
An inmate petitioned for a writ of certiorari to review an order denying his petition for a writ of habeas corpus. He sought provisional credits again…
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PER CURIAM.
Burnice C. Baxley, an inmate, petitions for a writ of certiorari to review an order denying his petition for a writ of habeas corpus. By his habeas petition, Baxley sought an award of provisional credits against his sentence for sexual battery, pursuant to section 944.277, Florida Statutes (Supp.1990). We deny the petition.
Baxley argues that the lower court erred in applying the 1989 version of the Florida Statutes. Baxley, whose offense was committed on April 23, 1990, argues that chapter 90-186, Laws of Florida, which amends section 944.277, applies and that under chapter 90-186 he is eligible for provisional credits.
Baxley overlooks, however, that Section 4 of chapter 90-189 provides that it “takes effect on October 1, 1990, and shall apply to offenses committed on or after the effective date.” As noted, Baxley committed his offense on April 23, 1990. Thus, chapter 90-186 is inapplicable to him. Under section 944.277, prior to the amendments made by chapter 90-186, it is clear that Baxley was not entitled to an award of provisional credits. See § 944.277(1)(c), Fla. Stat. (1989).
The petition for a writ of certiorari is denied.
BARFIELD, VAN NORTWICK and POLSTON, JJ, concur.
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State v. Taylor, 826 So. 2d 399 (Fla. 3d DCA 2002)…ered defendant out of legally parked car); Harrelson v. State, 662 So. 2d 400 (Fla. 1st DCA 1995)(quashing affir-mance of order denying suppression motion where trooper ordered defendant out of legally parked car); Second District: Parsons v. State, 825 So. 2d 406 (Fla. 2d DCA 2002)(reversing denial of suppression motion where police only observe legally parked car in parking lot at 1:40 a.m.); Hrezo v. State, 780 So. 2d 194 (Fla. 2d DCA 2001)(reversing denial of suppression motion where police only observe c…1 / 2
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Dermio v. State, 112 So. 3d 551 (Fla. 2d DCA 2013)…tually opened the door to Dermio’s car. This court has repeatedly held that where an officer orders an individual to exit a vehicle, an investigatory stop occurs. See, e.g., State v. Jimoh, 67 So. 3d 240, 241-42 (Fla. 2d DCA 2010); Parsons v. State, 825 So. 2d 406, 408 (Fla. 2d DCA 2002); Danielewicz v. State, 730 So. 2d 363, 364 (Fla. 2d DCA 1999). We have extended that principle to situations where an officer commands an occupant of a car to roll down the window. See Greider, 977 So. 2d at 792-93. However…
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