William v. Lamar, 82-542
Decision Date | 09 June 1982 |
Docket Number | No. 82-542,82-542 |
Citation | 414 So.2d 1179 |
Parties | Edwin Gene WILLIAM, Petitioner, v. Lawson LAMAR, etc., Respondent. |
Court | Florida District Court of Appeals |
Page 1179
414 So.2d 1179
Edwin Gene WILLIAM, Petitioner, v. Lawson LAMAR, etc., Respondent.
No. 82-542.
District Court of Appeal of Florida, Fifth District.
June 9, 1982.
Edwin Gene William, pro se.
No appearance for respondent.
COWART, Judge.
Petitioner, serving fifty-one weeks in the county jail as a condition of probation, seeks by petition for writ of mandamus to have this court order jail officials to give him statutory gain time under section 951.21, Florida Statutes (1981). The statute does not apply to incarceration as a condition of probation, as it is not a "sentence." Heatherington v. State, 388 So.2d 1354 (Fla. 5th DCA 1980); Adams v. State, 387 So.2d 498 (Fla. 5th DCA 1980). The petition for mandamus is
DENIED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
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Van Tassel v. Coffman, 68037
- United States
- Florida Supreme Court
- 20 Diciembre 1985
...held that gain time is not a matter of right in a situation like this because a probation order is not a "sentence." William v. Lamar, 414 So.2d 1179 (Fla. 5th DCA 1982); Heatherington v. State, 388 So.2d 1354 (Fla. 5th DCA 1980); Adams v. State, 387 So.2d 498 (Fla. 5th DCA 1980). The First......