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SMITH v. WAINWRIGHT

No. KK-78.

371 So.2d 119 (1978)

Elbert R. SMITH, Appellant, v. Louie L. WAINWRIGHT, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 29, 1978.

Attorney(s) appearing for the Case

Thomas A. Daniel, Florida Legal Services, Inc., Gainesville, for appellant.

Robert L. Shevin, Atty. Gen. and Carolyn M. Snurkowski, Asst. Atty. Gen., Tallahassee, for appellee.

SMITH, Judge.

Elbert Smith's gain-time earned on a prior sentence was revoked by the Department of Corrections upon his conviction for escape. Section 944.28(1), Florida Statutes (1977), provides:

If a prisoner is convicted of escape, or if the clemency or parole granted to him is revoked, the Department of [Corrections] may, without notice or hearing, declare a forfeiture of all gain-time earned and extra gain-time allowed such prisoner, if any, prior to...

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