Legal Opinion · Dissent

Gibson v. Florida Department of Corrections

District Court of Appeal of Florida

Decided October 9, 2002No. 1D02-0118Published

1DissentBenton, J.

I would treat Thomas B. Gibson’s petition for writ of certiorari, addressed to the circuit court order denying the petition for writ of mandamus he filed seeking to require the Department of Corrections (DOC) to award proper credit against sentences he is serving, as a petition for writ of habeas corpus, see Fla. R.App. P. 9.040(a) & (c), and direct DOC to release him forthwith.3 In my view, with proper credit awarded, he has now served all of his sentences in their entirety.

On January 27, 1994, he was sentenced for various third-degree felony offenses he had committed between May and…

2Cases cited25 opinions

  1. Tripp v. StateSupreme Court of Florida · 1993
  2. Parkway Bank v. FORT MYERS ARMATURE WORKDistrict Court of Appeal of Florida · 1995
  3. Cook v. StateSupreme Court of Florida · 1994
  4. Fasenmyer v. StateSupreme Court of Florida · 1984
  5. Carroll v. StateSupreme Court of Florida · 1978

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