Legal Opinion

Ferenc v. McNeil

District Court of Appeal of Florida

Decided March 13, 2009No. 1D08-3472PublishedCited by 1 opinion

1Per curiam

John M. Ferenc seeks certiorari review of an order denying his petition for -writ of habeas corpus. We conclude that the circuit court did not depart from the essential requirements of law when it rejected as factually unsupported Ferenc’s claim, founded on Avera v. Barton, 632 So.2d 167 (Fla. 1st DCA 1994), that the Department of Corrections impermissibly applied the 1983 gain-time statute in calculating and then forfeiting gain-time attributable to his sentence for an offense committed in 1977.

We decline to address petitioner’s claim that although the Department in fact did apply the 1977…

2Cases cited2 opinions

  1. Avera v. BartonDistrict Court of Appeal of Florida · 1994
  2. Richardson v. Florida Parole Comm'nDistrict Court of Appeal of Florida · 2004

3Cited by1 opinion

  1. Dejarnatt v. DejarnattDistrict Court of Appeal of Florida · 2009

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