FERENC v. McNEIL

No. 1D08-3472.

8 So.3d 397 (2009)

John M. FERENC, Petitioner, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied April 24, 2009.


Attorney(s) appearing for the Case

John M. Ferenc, pro se, Petitioner.

Kathleen Von Hoene, General Counsel, and Carolyn J. Mosley, Attorney Supervisor, Florida Department of Corrections, Tallahassee, for Respondent.


PER CURIAM.

John M. Ferenc seeks certiorari review of an order denying his petition for writ of habeas corpus. We conclude that the circuit court did not depart from the essential requirements of law when it rejected as factually unsupported Ferenc's claim, founded on Avera v. Barton, 632 So.2d 167 (Fla. 1st DCA 1994), that the Department of Corrections impermissibly applied the 1983 gain-time statute in calculating and then...

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