WILLIAM B. BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM B. BUTLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
873 So. 2d 537
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
DISMISSED as moot. See Rosales v. Moore, 775 So. 2d 971 (Fla. 1st DCA 2000); Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000); Lee v. State, 230 So. 2d 478 (Fla. 4th DCA 1970).
ERVIN, BENTON and LEWIS, 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
- Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000)
- Sandsbury LEE v. State, 230 So. 2d 478 (Fla. 4th DCA 1970)
- The Grand Union Co. v. Sutter, 230 So. 2d 478 (Fla. 4th DCA 1970)
- Rosales v. Moore, 775 So. 2d 971 (Fla. 1st DCA 2000)