section 944.277 provisional credits (Florida) · Go Syfert
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section 944.277 provisional credits in Florida

11 Florida opinions name it 2 courts 1991–2004 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Lynce v. Mathisgreen
scotus · 1997 · cited in 2 Florida opinions naming this issue, 1997–1998
2 sentences

1998See Lynce v. Mathis, 519 U.S. 433 , 117 S.Ct. 891 , 137 L.Ed.2d 63 (1997).

1998See Lynce v. Mathis, 519 U.S. 433 , 117 S.Ct. 891 , 137 L.Ed.2d 63 (1997).

12
Tripp v. Stategreen
fla · 1993 · cited in 2 Florida opinions naming this issue, 1994–1994
2 sentences

1994See Tripp v. State, 622 So.2d 941, 942, n. 2 (Fla. 1993) and Rice v. State, 622 So.2d 1129 (Fla. 5th DCA 1993).

1994Tripp v. State, 622 So.2d 941 , 942-43 n. 2 (Fla.1993). .

12
Dugger v. Grantgreen
fladistctapp · 1991 · cited in 2 Florida opinions naming this issue, 1992–1993
2 sentences

1993On appeal, Thomas contends the court erred, citing and relying upon this court’s decision in Dugger v. Grant, 587 So.2d 608 (Fla. 1st DCA 1991) (department could not rely on information taken from an arrest report which is included in the PSI as the sole basis for determining an inmate’s ineligibility for provisional credits pursuant to section 944.277).

1992Furthermore, the charging document does not indicate that the intent to commit sexual battery was a part of the crime with which Schmidt was charged and to which he entered a plea of guilty. 2 In Dugger v. Grant, 587 So.2d 608, 609 (Fla. 1st DCA 1991), this court determined that the D.O.C. could not exclude Grant from receiving provisional credits pursuant to section 944.277(l)(d) using as its sole evidence information in a PSI, based on an arrest report, about the circumstances of the crime.

12
Winkler v. Mooregreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004NOTES [1] See Winkler v. Moore, 831 So.2d 63, 75 (Fla.2002) (holding that inmates who committed their offenses between September 1, 1990, and June 16, 1993, and are otherwise qualified to receive provisional credits under section 944.277, are entitled to 822 days of provisional credits).

11
Orosz v. Singletarygreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997Lynce v. Mathis, — U.S. -, 117 S.Ct. 891 , 137 L.Ed.2d 63 (1997); see also Orosz v. Singletary, 693 So.2d 538 (Fla.1997).

11
Rice v. Stategreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 1994–1994
1 sentence

1994See Tripp v. State, 622 So.2d 941, 942, n. 2 (Fla. 1993) and Rice v. State, 622 So.2d 1129 (Fla. 5th DCA 1993).

11
Hubbard v. Duggergreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1992–1992
2 sentences

1992Similarly, in Hubbard v. Dugger, 590 So.2d 1031 (Fla. 1st DCA 1991), this court held that the D.O.C. could not rely on an arrest report and a synopsis of the report in the PSI to deny Hubbard provisional credits, finding that “[t]he record contains no evidence of the circumstances of Hubbard’s plea to the offense, nor does it contain any affidavit or otherwise sworn material, substantiating the sketchy statement contained in the field arrest report.” Id. at 1032 (footnote omitted).

1992Similarly, in Hubbard v. Dugger, 590 So.2d 1031 (Fla. 1st DCA 1991), this court held that the D.O.C. could not rely on an arrest report and a synopsis of the report in the PSI to deny Hubbard provisional credits, finding that “[t]he record contains no evidence of the circumstances of Hubbard’s plea to the offense, nor does it contain any affidavit or otherwise sworn material, substantiating the sketchy statement contained in the field arrest report.” Id. at 1032 (footnote omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Dugger v. Grant green
fla · 1992
2 sentences

1996Cf. Dugger v. Grant, 610 So.2d 428 (Fla. 1992) (Department of Corrections may rely on arrest report contained in presentence investigation file in denying eligibility for provisional credits under section 944.277, Florida Statutes (1989)).

1993However, we find that appellant’s reliance upon Dugger v. Grant (Grant I), and other cases from this court relying upon it, is misplaced, in that this court decision was quashed by the Florida Supreme Court, Dugger v. Grant, 610 So.2d 428 (Fla.1992) (Grant II).

21993–1996
McBride v. State neutral
fladistctapp · 1992
1 sentence

2004Downs claims that he is entitled to those credits under section 944.277(1)(g), Florida Statutes (1991), as interpreted in Dugger v. Anderson, 593 So.2d 1134 (Fla. 1st DCA 1992), and McBride v. State, 601 So.2d 1335 (Fla. 2d DCA 1992).

12004–2004
Dugger v. Anderson green
fladistctapp · 1992
2 sentences

2004Section 944.277(1)(g), Florida Statutes (1991), excludes from eligibility to receive provisional credits an inmate who "[i]s sentenced or has previously been sentenced, under s. 775.084, [habitual offender statute] or has been sentenced at any time in another jurisdiction as a habitual offender." In Anderson , the First District held that a defendant who has been sentenced as a habitual felony offender is entitled to provisional credits for any guidelines sentences rendered prior to the habitual felony offender sentence under section 944.277(1)(g). 593 So.2d at 1134 .

2004Downs claims that he is entitled to those credits under section 944.277(1)(g), Florida Statutes (1991), as interpreted in Dugger v. Anderson, 593 So.2d 1134 (Fla. 1st DCA 1992), and McBride v. State, 601 So.2d 1335 (Fla. 2d DCA 1992).

12004–2004
Gomez v. Singletary green
fla · 1998
1 sentence

2001He contends that he is entitled, on the authority of Gomez v. Singletary, 733 So.2d 499 (Fla.1998), to administrative gain-time under section 944.276, Florida Statutes (1987), provisional credits under section 944.277, Florida Statutes (Supp.1988), and emergency gain-time under section 944.598, Florida Statutes (Supp.1988) (collectively, the overcrowding statutes).

12001–2001
Dugger v. Rodrick green
fla · 1991
1 sentence

1996In Dugger v. Rodrick, 584 So.2d 2 (Fla. 1991), cert. denied, 502 U.S. 1037 , 112 S.Ct. 886 , 116 L.Ed.2d 790 (1992), we quashed the district court of appeal's decision directing the trial court to grant a prisoner's petition for writ of mandamus which asserted that the denial of provisional credits under section 944.277, Florida Statutes (Supp.1988), constituted an ex post facto application of the law.

11996–1996
Rodrick v. Singletary green
scotus · 1992
2 sentences

1996In Dugger v. Rodrick, 584 So.2d 2 (Fla. 1991), cert. denied, 502 U.S. 1037 , 112 S.Ct. 886 , 116 L.Ed.2d 790 (1992), we quashed the district court of appeal's decision directing the trial court to grant a prisoner's petition for writ of mandamus which asserted that the denial of provisional credits under section 944.277, Florida Statutes (Supp.1988), constituted an ex post facto application of the law.

1996In Dugger v. Rodrick, 584 So.2d 2 (Fla. 1991), cert. denied, 502 U.S. 1037 , 112 S.Ct. 886 , 116 L.Ed.2d 790 (1992), we quashed the district court of appeal's decision directing the trial court to grant a prisoner's petition for writ of mandamus which asserted that the denial of provisional credits under section 944.277, Florida Statutes (Supp.1988), constituted an ex post facto application of the law.

11996–1996
Weaver v. Graham red
scotus · 1981
2 sentences

1991Since the statutes are procedural in nature, they do not create substantive rights, as contrasted to the substantive statute considered in Weaver v. Graham, 450 U.S. 24 , 101 S.Ct. 960 , 67 L.Ed.2d 17 (1981).

1991Since the statutes are procedural in nature, they do not create substantive rights, as contrasted to the substantive statute considered in Weaver v. Graham, 450 U.S. 24 , 101 S.Ct. 960 , 67 L.Ed.2d 17 (1981).

11991–1991

Statutes the citing opinions construe

FL § 944.277 (11) FL § 944.275 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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