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WHISNER v. MOORE

No. 1D00-4462.

864 So.2d 460 (2003)

Clayton WHISNER, Appellant, v. Michael W. MOORE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 4, 2004.

Attorney(s) appearing for the Case

Appellant, pro se.

Louis A. Vargas, General Counsel; Carolyn J. Mosley, Assistant General Counsel, Tallahassee, for Appellee.

BENTON, J.

Clayton Whisner appeals the trial court's denial of his petition for writ of mandamus, arguing that the Department of Corrections illegally forfeited his overcrowding credits after he escaped from confinement. We affirm.

Overcrowding credits are a species of gain-time. See State v. Lancaster, 687 So.2d 1299 (Fla.1997) (rejecting the argument that "gain time" could not be construed to include overcrowding...

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