Legal Opinion

Glenn v. State

District Court of Appeal of Florida

Decided August 30, 2002No. 5D01-2035Published

1Opinion of the Court

ORFINGER, R.B., J.

We affirm the trial court’s denial of Henry Glenn’s petition for writ of habeas corpus. The record demonstrates that Glenn has no right to immediate release from prison. Therefore, habeas relief is not appropriate.

Glenn sought an order requiring the Department of Corrections (“DOC”) to recompute his gain time at the maximum level permitted by the law as of the time he committed his offense. Because in most instances the award of gain time is discretionary, the fact that Glenn was not awarded the maximum amount of work and extra gain time does not show an abuse of discretion…

2Cases cited3 opinions

  1. State Ex Rel. Long v. CareySupreme Court of Florida · 1935
  2. Gibbs v. WainwrightDistrict Court of Appeal of Florida · 1974
  3. Singletary v. HamiltonSupreme Court of Florida · 1995

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