WILLIAM R. MORGAN, JR., APPELLANT,
v.
AL COOK, ETC., ET AL., APPELLEES
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The court held that Section 944.28(1), Florida Statutes (1973), is constitutional. The denial of the petition for a writ of habeas corpus is affirmed.
William R. Morgan, Jr. escaped from state custody and had his earned gain time forfeited under Section 944.28(1), Florida Statutes (1973). Morgan chal…
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BOYD, Justice.
In February of 1973, while in state custody on a robbery conviction, William R. Morgan, Jr. escaped. Approximately ten months later he was arrested. Under the authority of Section 944.28(1), Florida Statutes (1973),1 the Department of Offender Rehabilitation declared all Morgan’s earned gain time and any extra gain time allowed him to be forfeited. Morgan petitioned the Circuit Court of the Fifteenth Judicial Circuit for a writ of habeas corpus, attacking the constitutionality of Section 944.28(1), Florida Statutes (1973). The Circuit Court denied the petition. Morgan’s appeal to the District Court of Appeal, Fourth District, was transferred here. We have jurisdiction.2
For the reasons stated in Rankin v. Wainwright, 351 F.Supp. 1306 (M.D.Fla.1972), the statute is constitutional. The Circuit Court’s denial of the petition for a writ of habeas corpus is affirmed.
It is so ordered.
OVERTON, C. J., and ADKINS, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., concur. . “944.28 Forfeiture of gain time and right to earn gain time in the future. — (1) When a prisoner escapes or a conditional pardon or parole granted to him by the board of pardons or the parole and probation commission is revoked, the division shall, without notice or hearing, declare a forfeiture of all gain time earned and extra gain time allowed such prisoner, if any, prior to such escape or his release under such conditional pardon or parole, as the case may be.” We note the statute has been amended by Chapter 74-112, Laws of Florida, and as amended is not subject to Morgan’s objections.
. Art. V, § 3(b)(1), Fla.Const.
Cases With Similar Vibessemantic neighbors from the corpus
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Hanks v. Louie L. Wainwright, 360 So. 2d 783 (Fla. 1st DCA 1978)…ed by the prisoner prior to escape following his conviction for escape. Despite the intriguing question raised by petitioner and the inadequate return by the state, we are compelled to deny the petition. The Florida Supreme Court in Morgan v. Cook, 344 So. 2d 577 (Fla.1977) considered the same point and found 944.28(1) constitutional, relying on Rankin v. Wainwright, 351 F.Supp. 1306 (M.D.Fla.1972). Our review of the record in Morgan v. Cook shows petitioner pled guilty and was sentenced to six months for hi…
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Wright v. Louie L. Wainwright, 359 So. 2d 11 (Fla. 1st DCA 1978)…prisoner, if any, prior to such escape or his release under such clemency or parole, as the case may be. The Florida Supreme Court recently held that Section 944.28(1) does not offend constitutionally guaranteed due process rights. Morgan v. Cook, 344 So. 2d 577 (Fla.1977), followed by this court in Hanks v. Wainwright, 360 So. 2d 783 (Fla. 1st. DCA 1978). Moreover, the statute’s express provision for forfeiture without notice or hearing forecloses any hearing remedy Wright might otherwise have under Sectio…
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Null v. State, 355 So. 2d 1207 (Fla. 1978)…PER CURIAM. Affirmed. See Morgan v. Cook, 344 So. 2d 577 (Fla.1977). OVERTON, C. J., and ADKINS, BOYD, ENGLAND, HATCHETT and KARL, JJ., concur.…