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SEARCY v. SINGLETARY

No. 91-02232.

590 So.2d 1034 (1991)

Edgar SEARCY, Appellant, v. Harry K. SINGLETARY, Jr., Secretary, Department of Corrections, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 13, 1991.

Attorney(s) appearing for the Case

Edgar Searcy, pro se.

Susan A. Maher, Florida Dept. of Corrections, Tallahassee, for appellee.

PER CURIAM.

Edgar Searcy appeals the denial of his petition for writ of mandamus and/or habeas corpus.1 We reverse.

Searcy is serving a sentence for sexual activity with a child and lewd assault upon a child under age 16.2 His petition alleges that the Department of Corrections, relying upon section 944.277(1), Florida Statutes (1990 Supp.), refuses to award him "provisional credits," notwithstanding...

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