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McARTHUR v. STATE

No. 98-1067.

730 So.2d 333 (1999)

Allen McARTHUR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 23, 1999.

Attorney(s) appearing for the Case

Allen McArthur, Fort Pierce, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

Allen McArthur was charged with committing a life felony sexual battery1 on September 6, 1993. He ultimately pled no contest to a second degree felony sexual battery.2 Pursuant to subsection 794.011(7), he was automatically denied basic gain time. The statute makes gain time unavailable to a person who commits a sexual battery after October 1, 1992.<...

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