LORENZO MCCLOUD, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court denied habeas corpus petition where inmate had not completed concurrent sentences imposed in March 2006 and must exhaust administrative remedies with the Department of Corrections regarding gain-time issues.
An inmate is not entitled to immediate habeas corpus release when concurrent sentences have not been fully served and gain-time disputes must be resolved through Department of Corrections administrative procedures.
[1] An inmate seeking to contest gain-time awards or losses must first exhaust administrative remedies through the Department of Corrections before seeking judicial relief vi…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceLorenzo McCloud pleaded guilty in March 2006 and received three-year concurrent sentences in Miami-Dade County cases, with credit for time served, run…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Coterminous Sentences cases and more on FLexlaw
PER CURIAM.
Lorenzo McCloud seeks immediate release from incarceration via an emergency petition for writ of habeas corpus. We deny the petition, as it appears from the record that on March 21, 2006, the defendant pled guilty in all cases and accepted sentences of three years concurrent but not coterminous with the Broward County cases, with credit for time served. McCloud is not entitled to immediate release from custody in the Miami-Dade County cases, as the Miami-Dade cases were to run concurrent, but not coterminous, with the Broward County cases. The record shows that McCloud has not served the entirety of his three-year sentences, which began in March 2006. We make no statement as to the status of McCloud’s Broward County sentences.
McCloud must pursue his gain-time issues with the Department of Corrections. See Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)(to contest award or loss of gain time inmate must first exhaust administrative remedies through the Department of Corrections and if necessary seek a writ of mandamus against DOC in the circuit court); Smith v. State, 902 So. 2d 351 (Fla. 5th DCA 2005)(“The calculation of gain time is a function of the Department of Corrections, through which, relief must first be pursued administratively.”).
Petition for habeas corpus denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)
- Smith v. State, 902 So. 2d 351 (Fla. 5th DCA 2005)