McNeil v. Canty

We review the decision of the First District Court of Appeal in Canty v. McNeil, 995 So.2d 998 (Fla. 1st DCA 2008), a case in which the First District certified a question of great public importance.1 We rephrase the certified question as follows:

Upon revocation of conditional release, can the Department of Corrections (DOC) calculate an inmate’s new release date by using the gain time forfeited on the release eligible sentence with the most accrued gain time, even if this method requires the inmate to be incar*216cerated beyond the concurrent sentences imposed by the trial judge?

We answer the…