DEPARTMENT OF CORRECTIONS v. POWELL

Nos. BK-183, BK-184.

504 So.2d 1250 (1986)

DEPARTMENT OF CORRECTIONS, Appellant, v. Herman POWELL and Marvin Hand, Appellees.

District Court of Appeal of Florida, First District.

October 2, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Susan A. Maher, Asst. Atty. Gen., for appellant.

Elizabeth L. White and William J. Sheppard of Sheppard & White, Jacksonville, for appellees.


WIGGINTON, Judge.

Appellant, Department of Corrections (Department), appeals two orders of the circuit court granting appellees' petitions for writs of mandamus requiring the Department to credit appellees with incentive gain time earned pursuant to section 944.275(4)(b), Florida Statutes (1983), and declaring rule 33-11.0065(1), Florida Administrative Code, invalid. We reverse.

Appellees, who were both sentenced in January 1985 to prison terms, which included...

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