Mastay v. McDonough

In his petition seeking a writ of certiora-ri, petitioner asserts that the trial court departed from the essential requirements of the law when it denied his petition for a writ of mandamus challenging the Department of Correction’s determination that he was not entitled to earn incentive gain-time while serving a mandatory-minimum term for trafficking in cocaine pursuant to section 893.135, Florida Statutes (2000). We agree and, accordingly, grant the petition, quash the trial court’s order and remand for further proceedings.

After pleading guilty to trafficking in cocaine, petitioner was…