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FLORIDA DEPARTMENT OF CORRECTIONS v. RICO

No. 4D08-220.

975 So.2d 632 (2008)

FLORIDA DEPARTMENT OF CORRECTIONS, Petitioner, v. Maurice RICO, Respondent.

District Court of Appeal of Florida, Fourth District.

March 5, 2008.

Attorney(s) appearing for the Case

Carolyn J. Mosley, Tallahassee, for petitioner.

Howard Finkelstein, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, Ft. Lauderdale, for respondent.

PER CURIAM.

The Department of Corrections seeks certiorari review of a circuit court order directing it to award respondent gain time. As this court has recognized, the sentencing court lacks authority to award gain time to state prisoners, as this is a matter within the exclusive province of the Department of Corrections. See Fla. Dep't of Corr. v. Martinez, 873 So.2d 537 (Fla. 4th DCA 2004); Crosby v. Harvey,

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