Singletary v. Coronado, 94-02886
| Citation | 673 So.2d 924 |
| Decision Date | 15 May 1996 |
| Docket Number | No. 94-02886,94-02886 |
| Parties | 21 Fla. L. Weekly D1175 Harry K. SINGLETARY, Jr., Secretary of Florida Department of Corrections, Appellant, v. Byron CORONADO and Bishop Fashaw, Appellees. |
| Court | Florida District Court of Appeals |
Judy Bone, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellant.
No appearance for Appellees.
Byron Coronado and Bishop Fashaw are inmates serving sentences in the custody of the Department of Corrections. After sentencing and commitment, Coronado and Fashaw were transported from the Department of Corrections' custody to the Sarasota County Jail, apparently at the state's behest. The purpose of the release was to permit them to provide testimony in the trial of State v. Reaves, then pending in the Circuit Court of Sarasota County.
On July 15, 1994, the Reaves court entered two orders requiring that Coronado and Fashaw be awarded full gain-time as if they had remained in Department of Corrections' custody performing work assignments. The orders were entered without notice to the Department of Corrections.
The trial court was in error. The authority to regulate gain-time resides exclusively within the Department of Corrections pursuant to chapter 944, Florida Statutes (1993), and it is only the department that has "the ability to award, forfeit, or restore gain-time." State v. Green, 547 So.2d 925, 927 (Fla.1989).
Based upon the foregoing, we vacate the trial court's order and remand for further proceedings consistent with this opinion.
To continue reading
Request your trial
-
Purdy v. State
...court attempts to bar or grant gain time, such language has been treated as surplusage or stricken." Id. (citing Singletary v. Coronado , 673 So.2d 924 (Fla. 2d DCA 1996) ; Shupe v. State , 516 So.2d 73 (Fla. 5th DCA 1987) ). We therefore strike as surplusage any language from the recently ......
-
Moore v. Pearson
...or grant gain time awards, those portions of the sentencing order have been struck or treated as "surplusage." See Singletary v. Coronado, 673 So.2d 924 (Fla. 2d DCA 1996) (holding that trial court lacked authority to award gain time to prisoners who testified at state's behest); Shupe v. S......
-
Purdy v. State, Case No. 5D16-370
...has been treated as surplusage or stricken." (citing Shupe v. State , 516 So.2d 73, 73 (Fla. 5th DCA 1987) ; Singletary v. Coronado , 673 So.2d 924, 924 (Fla. 2d DCA 1996) ) ).AFFIRMED; REMANDED with directions. ORFINGER, BERGER, and LAMBERT, JJ., ...
-
Guedes v. State, 97-1588
...and (b) the court does not have jurisdiction to award gain time. See State v. Green, 547 So.2d 925, 927 (Fla.1989); Singletary v. Coronado, 673 So.2d 924 (Fla. 2d DCA 1996); Henderson v. State, 632 So.2d 653, 654 (Fla. 5th DCA 1994); see Young v. State, 439 So.2d 306, 308 (Fla. 5th DCA 1983......