Duer v. Moore, No. 1D99-3407.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | BENTON, J. |
| Citation | 765 So.2d 743 |
| Docket Number | No. 1D99-3407. |
| Decision Date | 22 May 2000 |
| Parties | Michael D. DUER, Petitioner, v. Michael W. MOORE, Secretary, Department of Corrections, Respondent. |
765 So.2d 743
Michael D. DUER, Petitioner,v.
Michael W. MOORE, Secretary, Department of Corrections, Respondent
No. 1D99-3407.
District Court of Appeal of Florida, First District.
May 22, 2000.
Petitioner pro se.
Robert A. Butterworth, Attorney General; Judy Bone, Assistant Attorney General, Tallahassee, for Respondent.
BENTON, J.
By petition for writ of certiorari, Michael Duer invokes our jurisdiction to review the circuit court's order denying the petition for writ of mandamus he filed there. Art. V, § 5(b), Fla. Const.; Fla. R.App. P. 9.030(c)(3). His petition for writ of mandamus sought an order directing the Department of Corrections (DOC) to recognize "a right to have his incentive gain-time applied consistent with the laws in effect at the time of offense." We grant the petition for writ of certiorari and quash the order denying the petition for writ of mandamus. On remand, the circuit court should issue a writ of mandamus unless "it appears that appellant would be entitled to immediate release from incarceration if properly credited with the time he is seeking, [in which event] the petition should be treated as a petition for writ of habeas corpus." Steele v. State, 733 So.2d 1117, 1118 (Fla. 4th DCA 1999).
Mr. Duer pleaded nolo contendere, insofar as pertinent here, to counts two and four of the information filed in Case No. CR96-3353 (Fla. 9th Cir. Mar. 14, 1996) alleging lewd acts on or with certain minors "on divers dates on or between the 1st day of January, 1995 and the 8th day of November, 1995." Convicted of these offenses on his plea, he received concurrent, seven-year sentences.
DOC originally awarded him incentive gain-time under section 944.275(4)(b), Florida
After the amendment, in response to DOC's notice of its intention to apply the amended statute, Mr. Duer sought administrative redress, citing e.g., Waldrup v. Dugger, 562 So.2d 687, 692 (Fla.1990) ("Even the `grace' of the legislature, once given,...
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Bush v. Holmes, Case No. 1D02-3160 (FL 8/16/2004), Case No. 1D02-3160.
...failure to adopt a proposed change to the Constitution as evidence of intent (relating to the 1968 Constitution). See Duer v. Moore, 765 So. 2d 743, 745 (Fla. 1st DCA 2000) ("Nor do we rely in any way on the reported failure, in a subsequent legislative session, of an effort to amend sectio......
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Bush v. Holmes, No. 1D02-3160
...failure to adopt a proposed change to the Constitution as evidence of intent (relating to the 1968 Constitution). See Duer v. Moore, 765 So.2d 743, 745 (Fla. 1st DCA 2000) ("Nor do we rely in any way on the reported failure, in a subsequent legislative session, of an effort to amend section......
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STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day …, No. 1D00-1058.
...to amend [even a] proposed law in one chamber of the Legislature [despite the proposed law's enactment that session]."); Duer v. Moore, 765 So.2d 743, 745 (Fla. 1st DCA 2000) ("Nor do we rely in any way on the reported failure, in a subsequent legislative session, of an effort to amend [a s......
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DLJ v. State, No. 1D99-3473.
...the disposition order and remand the cause with directions to use a separate order for each offense, and to impose a sanction which 765 So.2d 743 does not exceed 60 days as to the instant petit theft ALLEN and KAHN, JJ., CONCUR. -------- Notes: 1. The printed order includes handwritten inte......
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Bush v. Holmes, Case No. 1D02-3160 (FL 8/16/2004), Case No. 1D02-3160.
...failure to adopt a proposed change to the Constitution as evidence of intent (relating to the 1968 Constitution). See Duer v. Moore, 765 So. 2d 743, 745 (Fla. 1st DCA 2000) ("Nor do we rely in any way on the reported failure, in a subsequent legislative session, of an effort to amend sectio......
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Bush v. Holmes, No. 1D02-3160
...failure to adopt a proposed change to the Constitution as evidence of intent (relating to the 1968 Constitution). See Duer v. Moore, 765 So.2d 743, 745 (Fla. 1st DCA 2000) ("Nor do we rely in any way on the reported failure, in a subsequent legislative session, of an effort to amend section......
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STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day …, No. 1D00-1058.
...to amend [even a] proposed law in one chamber of the Legislature [despite the proposed law's enactment that session]."); Duer v. Moore, 765 So.2d 743, 745 (Fla. 1st DCA 2000) ("Nor do we rely in any way on the reported failure, in a subsequent legislative session, of an effort to amend [a s......
-
DLJ v. State, No. 1D99-3473.
...the disposition order and remand the cause with directions to use a separate order for each offense, and to impose a sanction which 765 So.2d 743 does not exceed 60 days as to the instant petit theft ALLEN and KAHN, JJ., CONCUR. -------- Notes: 1. The printed order includes handwritten inte......