Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided May 7, 2010No. 5D09-3176PublishedCited by 1 opinion

1Opinion of the CourtCohen, J.

Brady Johnson appeals the denial of his petition for writ of habeas corpus. Based upon a lack of a record, we affirm without prejudice to Johnson renewing his request.

Johnson claims entitlement to release pursuant to McNeil v. Canty, 12 So.3d 215 (Fla.2009), where the supreme court held that the Department of Corrections, “upon revocation of conditional release, must retroactively credit prison time served on any concurrent sentence as prison time served on all concurrent sentences.” Canty, 12 So.3d at 217. (citations omitted). The court prohibited the serving of a greater sentence than…

2Cases cited2 opinions

  1. McNeil v. CantySupreme Court of Florida · 2009
  2. Davis v. StateDistrict Court of Appeal of Florida · 2006

3Cited by1 opinion

  1. Morrison v. StateDistrict Court of Appeal of Florida · 2010

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