FLORIDA DEPARTMENT OF CORRECTIONS, PETITIONER,
v.
JORGE M. MARTINEZ A/K/A SHAUQUIE ROSSMAN, RESPONDENT
FLORIDA DEPARTMENT OF CORRECTIONS, PETITIONER,
JORGE M. MARTINEZ A/K/A SHAUQUIE ROSSMAN, RESPONDENT
873 So. 2d 537
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The Department of Corrections seeks certiorari review of a circuit court order directing it to award respondent gain time for time served in Broward County Jail waiting to testify. It is well settled that the sentencing court lacks authority to award gain time to state prisoners, as this is a matter within the exclusive province of the Department of Corrections. See Crosby v. Harvey, 861 So. 2d 102, 102 (Fla. 4th DCA 2003).
Therefore, we grant the petition for writ of certiorari and quash the circuit court’s order. PETITION GRANTED.
WARNER, POLEN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fla. Dep't OF Corr. v. RICO, 975 So. 2d 632 (Fla. 4th DCA 2008)…respondent gain time. As this court has recognized, the sentencing court lacks authority to award gain time to state prisoners, as this is a matter within the exclusive province of the Department of Corrections. See Fla. Dep’t of Corr. v. Martinez, 873 So. 2d 537 (Fla. 4th DCA 2004); Crosby v. Harvey, 861 So. 2d 102, 102 (Fla. 4th DCA 2003). Therefore, we grant the petition for writ of certiorari and quash the circuit court’s order. SHAHOOD, C.J., Stone and GROSS, JJ., concur.…
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Fla. Dep't OF Corr. v. Jewel P. Goodman, 995 So. 2d 1097 (Fla. 4th DCA 2008)…the trial court’s orders in this case exceeded the authority of the sentencing court, as the matter of awarding gain time to state prisoners is one within the exclusive province of the Department of Corrections. See Fla. Dep’t of Corr. v. Martinez, 873 So. 2d 537 (Fla. 4th DCA 2004); Crosby v. Harvey, 861 So. 2d 102 (Fla. 4th DCA 2003). Therefore, we grant the petition for writ of certiorari and quash the trial court’s two orders clarifying Goodman’s sentences in these eases. The cases are remanded for furt…
Authorities Cited
- James v. Crosby, Jr., 861 So. 2d 102 (Fla. 4th DCA 2003)