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CROSBY v. HARVEY

No. 4D03-3119.

861 So.2d 102 (2003)

James V. CROSBY, Jr., Secretary, Florida Department of Corrections, Petitioner, v. Otis HARVEY, Respondent.

District Court of Appeal of Florida, Fourth District.

December 17, 2003.

Attorney(s) appearing for the Case

Chris Korn, Tallahassee, for petitioner.

No appearance for respondent.

GUNTHER, TAYLOR and MAY, JJ., concur.

PER CURIAM.

The Department of Corrections seeks certiorari review of a circuit court order directing the Department to award respondent Otis Harvey, a state prisoner, gain time for the time he was incarcerated at the Broward County Jail waiting to testify in a criminal prosecution. We grant the petition and vacate the order, because the sentencing court lacks authority to award gain time to state prisoners. That authority...

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