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BURKS v. McNEIL

No. 1D07-5666.

984 So.2d 619 (2008)

Reginald BURKS, Petitioner, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

June 16, 2008.

Attorney(s) appearing for the Case

Reginald Burks, pro se, Petitioner.

Kathleen Von Hoene, General Counsel, and Beverly Brewster, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

Petitioner seeks review of an order denying a petition for writ of habeas corpus. Petitioner challenged the Department of Corrections' calculation of his sentence. He contended that the Department violated the ex post facto clause when it applied the 1983 version of section 944.275, Florida Statutes, to his offense committed in 1981. The Department's use of the more generous gain-time statute and award in a lump sum resulted in a greater penalty to petitioner...

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