Mackey v. State

JOHNSON, Acting Chief Judge.

This is an appeal from an order denying a petition for writ of habeas corpus.

The petition for writ of habeas corpus was based, inter alia, on the contention that since the defendant-petitioner had been sentenced to serve six mo.nths in County Jail plus 2 years probation, said sentence to begin June 26, 1973, and that he had served the jail sentence at the time of filing the petition for habeas corpus if he had been given credit for his “gain time earned”, pursuant to F.S. § 951.21(1).

In this case to start with, the defendant had pled guilty to the crime of…