Avera v. State

SHIVERS, Chief Judge.

This appeal is from a summary denial of a petition for a writ of habeas corpus. We reverse.

Avera is an inmate in Starke. He was convicted in 1979 and sentenced to 30 years in prison. He escaped in 1981 and was convicted and sentenced for the escape in 1984. In August 1990 Avera filed a petition for a writ of habeas corpus alleging the Department of Corrections (DOC) improperly revoked 293 days of gain time earned after the 1981 escape. He states that according to DOC rules, only gain time earned before an escape can be forfeited, and he had no gain time prior to the…