Hernandez v. Department of Corrections

The defendant, Clemente Hernandez, seeks review of the denial of his petition for writ of habeas corpus. We grant the State’s motion, relinquish jurisdiction to the trial court and remand this case to the lower court for further fact finding as to whether prison overcrowding exceeded the statutory threshold set forth in section 944.598, Florida Statutes (1985), thus entitling Hernandez to emergency gain time. See Sanford v. State, 739 So.2d 1208 (Fla. 3d DCA 1999); see also Grant v. Singletary, 730 So.2d 805 (Fla. 2d DCA 1999).

Moreover, pursuant to the State’s confession of error, we direct…