Cole v. Dugger

Appellant, a prisoner, appeals the denial of his petition for writ of mandamus, in which he sought to compel the Department of Corrections to grant him administrative gain time pursuant to section 944.276,1 Florida Statutes (1987). We reverse.

Appellant was convicted of attempted second degree murder, armed robbery, pet-it theft, and kidnapping. Two additional charges of sexual battery were nolle prossed. The Department denied appellant’s request for administrative gain time based upon his ineligibility under section 944.276(l)(c) as one who had been convicted of sexual battery or an offense…