Whisner v. Moore

Clayton Whisner appeals the trial court’s denial of his petition for writ of mandamus, arguing that the Department of Corrections illegally forfeited his overcrowding credits after he escaped from confinement. We affirm.

Overcrowding credits are a species of gain-time. See State v. Lancaster, 687 So.2d 1299 (Fla.1997) (rejecting the argument that “gain time” could not be construed to include overcrowding credits). Prior to Lancaster, the Department of Corrections (DOC) had not treated most types of overcrowding credits as gain-time but, in the words of our supreme court, the Lancaster decision…