Dear v. Mayo

ADAMS, J.:

Petitioner seeks discharge by habeas corpus from serving the remainder of a five year sentence dated June 16, 1939. He contends that by virtue of Sec. 954.06, Fla. Stat. 1941, granting him gain time he served the sentence within three years, six months and nine days. By his petition and exihibit attached, it appears that at one time he was out on parole and had same revoked. Despite this he claims the benefit of the gained time because he acquired a vested right to it under the statute and misconduct thereafter occurring could not deprive him of it.

Parole and gained time is granted…