Felk v. Dugger

SHIVERS, Chief Judge.

Felk was charged for offenses which occurred in April 1986. In September 1986 he pled guilty to two of the offenses — armed kidnapping and armed robbery. An attempted sexual battery charge was nolle prossed. Felk was sentenced to fifteen years incarceration with a three year minimum mandatory term.

In 1986, section 944.598(2), Florida Statutes (1985) was in effect. It authorized overcrowding gain time of up to thirty days when the prison population reached 98% of lawful capacity. Section 944.598(2) was replaced by 944.276, Florida Statutes (1987), which authorized…