DARRYL FREDERICK, APPELLANT,
v.
JAMES R. MCDONOUGH, SEC'Y, FLORIDA DEP'T OF CORR., ETC., APPELLEE

Fla. 3d DCA | 2006-06-07
No. 3D06-1010
Before FLETCHER and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.
931 So. 2d 1005 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Darryl Frederick, pro se, petitions this court for writ of habeas corpus. We have jurisdiction pursuant to Article V, section 4(b)(3) of the Florida Constitution and deny the petition. See § 944.28(1), Fla. Stat. (2004) (if conditional release to the prisoner is revoked, the department may declare a forfeiture of all gain-time earned by such prisoner prior to such conditional release). See also Duncan v. Moore, 754 So. 2d 708, 711 (Fla.2000) (returning a conditional release violator to prison to continue serving his sentence without credit for the prior awarded gain time does not constitute a violation of double jeopardy).

Petition denied.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Helfrich v. State, 272 So. 3d 454 (Fla. 3d DCA 2019)
    …concedes that the trial court failed to issue a written order on the violations of probation. We agree and reverse and remand to the trial court to issue the required written order specifying the conditions that were violated. See Burt v. State, 931 So. 2d 1005, 1006 (Fla. 3d DCA 2006); Lumpkin v. State, 717 So. 2d 122, 123 (Fla. 4th DCA 1998). Affirmed in part; reversed in part and remanded. SALTER and FERNANDEZ, JJ., concur. 3 Tod Geoffrey Helfrich v. State of Florida, 3D16-1941 EMAS, C.J., dissenting.…
  • Mitchell v. State, 42 Fla. L. Weekly D2286 (Fla. 3d DCA 2018)
  • Davis v. State, 943 So. 2d 975 (Fla. 5th DCA 2006)
    …998 and 2005, respectively. Upon return to prison, DOC is allowed to forfeit gain time that was earned prior to being placed on control release or conditional release. See §§ 947.141(6), 948.06(7), Fla. Stat. (2006); see also Frederick v. McDonough, 931 So. 2d 1005 (Fla. 3d DCA 2006). Moreover, the time that Petitioner spent on control release and conditional release does not have to be credited against the sentence when petitioner is returned to prison. See Rivera v. Singletary, 707 So. 2d 326 (Fla.1998) (par…

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