Department of Corrections v. Powell

WIGGINTON, Judge.

Appellant, Department of Corrections (Department), appeals two orders of the circuit court granting appellees’ petitions for writs of mandamus requiring the Department to credit appellees with incentive gain time earned pursuant to section 944.-275(4)(b), Florida Statutes (1983), and declaring rule 33-11.0065(1), Florida Administrative Code, invalid. We reverse.

Appellees, who were both sentenced in January 1985 to prison terms, which included mandatory minimum sentences of three years pursuant to section 775.087, Florida Statutes (1983), filed their petitions seeking credit…