Henry v. Dugger

ERVIN, Judge.

Appellant, Willie C. Henry, seeks review of a final order denying his petition for writ of mandamus. Appellant argues that the Department of Corrections (DOC) has improperly denied him administrative gain time to which he was entitled pursuant to Section 944.276, Florida Statutes (1987), based upon a sexual battery conviction, the sentence for which has expired. Although we agree with appellant that he would have been entitled to gain time under section 944.276,1 we conclude that appellant is precluded from accruing gain time by virtue of the 1988 amendment to that statute…