DeAngelis v. Wainwright

DeAngelis petitions for writ of habeas corpus alleging he is being unlawfully detained as a result of respondent’s failure to credit him with incentive gain time during his final days of incarceration. Petitioner contends that the failure of the Department of Corrections (DOC) to credit him with incentive gain time during the last month of incarceration will extend his period of incarceration by some 15-20 days. In support of his contention that DOC is required to award petitioner incentive gain time, petitioner cites Pettway v. Wainwright, 450 So.2d 1279 (Fla. 1st DCA 1984). In Pettway, this…