Florida Dept. of Corr. v. Martinez

Full title: FLORIDA DEPARTMENT OF CORRECTIONS, Petitioner, v. JORGE M. MARTINEZ a/k/a…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 19, 2004

873 So. 2d 537 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D04-1146.

Opinion filed May 19, 2004.

Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Peggy Gehl, Judge, L.T. Case No. 00-12401 CF10B.

Carolyn J. Mosley, Tallahassee, for petitioner.

No response required for respondent.

PER CURIAM.

The Department of Corrections seeks certiorari review of a circuit court order directing it to award respondent gain time for time served in Broward County Jail waiting to testify. It is well settled that the sentencing court lacks authority to award gain time to state prisoners, as this is a matter within the exclusive province of the Department of Corrections. See Crosby v. Harvey, 861 So.2d 102, 102 (Fla. 4th DCA 2003).

Therefore, we grant the petition for writ of certiorari and quash the circuit court's order.

PETITION GRANTED.

WARNER, POLEN and GROSS, JJ., concur.