McDONOUGH v. DURRAH

No. 5D07-1379.

976 So.2d 11 (2008)

James R. McDONOUGH, Secretary, etc., Appellant, v. Carl DURRAH, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 4, 2008.


Attorney(s) appearing for the Case

Beverly Brewster, Department of Corrections, Tallahassee, for Appellant.

Carl Durrah, Lowell, pro se.


PLEUS, J.

The Department of Corrections ("DOC") appeals from an amended order denying in part and granting in part the defendant's petition for writ of habeas corpus. The broad issue concerns whether the trial court erred in concluding that DOC was required to grant prison credit time to the defendant after he violated the suspended portion of his true split sentence and was returned to jail. The trial court ruled that the sentencing order granted such credit, albeit...

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