Schmidt v. State

KAHN, Judge.

Tony Glyn Schmidt appeals an order dismissing his petition for writ of habeas corpus and/or petition for writ of mandamus which upholds the Department of Corrections’ (D.O.C.) denial of provisional credits to Schmidt pursuant to section 944.-277(l)(e), Florida Statutes (1989).1 In denying Schmidt provisional credits, the D.O.C. relied on information in a presentence investigation report (PSI) to conclude that the 1984 burglary committed by Schmidt was committed with the intent to commit sexual battery. The pertinent PSI section is entitled “The Original Circumstances of Case #…