DONALD CRAIG GORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's denial of a habeas corpus petition and remanded for the trial court to order the Department of Corrections to show cause regarding whether the appellant was properly awarded all applicable jail, prison, and gain-time credits under Florida law.
The trial court erred by denying the habeas corpus petition without affording the Department of Corrections an opportunity to show cause regarding the proper application of the appellant's sentence credits.
[1] A trial court must afford the Department of Corrections an opportunity to show cause before denying a habeas corpus petition challenging the calculation and application o…
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Join FLexlaw to unlock all legal intelligenceThe appellant filed a petition seeking immediate release from prison, alleging entitlement based on proper application of sentence credits by the Flor…
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This is an appeal of a final order in Circuit Court Case No. 2012-178-CA denying Appellant’s petition to invoke all writs jurisdiction, which the trial court treated as a petition for writ of habeas corpus and denied. The petition alleged Appellant’s entitlement to immediate re*118lease from prison. The trial court issued its ruling without affording Appellee an opportunity to show cause concerning the Florida Department of Corrections’ (“Department”) application of Appellant’s credits. On the Department’s proper concession of error, we reverse the order and remand with instructions that the trial court issue an order for the Department to show cause regarding (1) whether Appellant has been properly awarded all jail, prison, and gain-time credits that are due under the law and as set forth in Gisi v. State, 4 So.3d 613 (Fla.2009), and Rabe-deau v. State, 2 So.3d 191 (Fla.2009), and (2) whether such an award would affect Appellant’s consecutive 21-year sentence. To ensure consistent rulings on substantially similar issues, we direct the trial court to consolidate this case and Circuit Court Case No. 2011-41-CA (appealed as # 1D12-907) for further proceedings.
REVERSED and REMANDED with instructions.
ROBERTS, RAY, and SWANSON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Rabedeau, 2 So. 3d 191 (Fla. 2009)
- Gisi v. State, 4 So. 3d 613 (Fla. 2009)