STOKES

v.

TRACEY ET AL.

Citator

Cited By (23 total)

• Baranko v. Louie L. Wainwright, 448 So. 2d 1067 (Fla. 1st DCA 1984)
  …rs through the beneficence of the legislature, and the legislature has full authority to establish the terms and conditions thereof.” Kimmons v. Wainwright, 838 So. 2d 239, 240 (Fla., 1st DCA 1976), cert. denied 346 So. 2d 1249 (Fla.), cert. denied, 434 U.S. 843, 98 S.Ct. 142, 54 L.Ed.2d 107 (1977). We therefore hold that the deduction of 121 days from the release date as a sentence adjustment cannot be sustained. For the same reason the addition of 310 days to petitioner’s release date due to “forfeiture”…
• Nelson v. Louie L. Wainwright, 374 So. 2d 1172 (Fla. 1st DCA 1979)
  …eited along with gain-time earned on a current, consecutive sentence, when petitioner was convicted of escape. Although the facts are not precisely as in Kimmons v. Wainwright, 338 So. 2d 239 (Fla. 1st DCA 1976), cert. denied 346 So. 2d 1249 (Fla.), 434 U.S. 843, 98 S.Ct. 142, 54 L.Ed.2d 107, the rule of Kimmons governs this case. Section 944.27(2), Florida Statutes (1977) treats cumulative sentences as “all one sentence” for purposes of accruing and forfeiting gain-time. Petitioner’s five-year sentence for…
• Fulse v. State, 573 So. 2d 139 (Fla. 5th DCA 1991)
  …75(4)(a)1, Fla.Stat. (1989). See also, Bowling v. State, 459 So. 2d 459 (Fla. 5th DCA 1984); Wood v. State, 357 So. 2d 1060 (Fla. 1st DCA 1978). Cf. Kimmons v. Wainwright, 338 So. 2d 239 (Fla. 1st DCA 1976), cert. denied, 346 So. 2d 1249 (Fla.1977), 434 U.S. 843, 98 S.Ct. 142, 54 L.Ed.2d 107 (1977), decided under former § 944.27, Fla.Stat. (1975). Accordingly, we reverse the sentence and remand for entry of a sentence in accordance with the agreement (that the sentences run concurrently) or, in the alterna…