Bretti v. Wainwright

MILLS, Judge.

The issue before us is whether the Division of Corrections may forfeit all gain time earned by and extra gain time allowed a prisoner without notice or hearing where the State charges the prisoner with escape but nolle prosses the charge.

Bretti left confinement at a correctional center in Florida. He was later arrested in another state and returned to Florida. The State charged him with escape but subsequently nolle prossed the charge. Without notice or hearing, the Division of Corrections forfeited Bretti’s gain time and extra gain time. He petitioned the trial court for a writ…