Nelson v. Wainwright

ROBERT P. SMITH, Jr., Acting Chief Judge.

This petition for writ of mandamus, which we treat as a petition for writ of habeas corpus, complains that the Secretary of the Department of Corrections improperly caused petitioner’s gain-time, earned during service of a prior completed sentence, to be forfeited along with gain-time earned on a current, consecutive sentence, when petitioner was convicted of escape. Although the facts are not precisely as in Kimmons v. Wainwright, 338 So.2d 239 (Fla. 1st DCA 1976), cert. denied 346 So.2d 1249 (Fla.), 434 U.S. 843, 98 S.Ct. 142, 54 L.Ed.2d 107, the…