Narrative Opinion Summary
This case involves an appeal by Robert T. Avera against the denial of his habeas corpus petition concerning the forfeiture of gain time by the Florida Department of Corrections (DOC). Avera challenged the trial court's decision to forfeit 277 days of gain time following his escape from custody, arguing that the DOC's application of the revised 1983 statute constituted an ex post facto violation. The appellate court agreed, noting that the retroactive application of the 1983 statute disadvantaged Avera by increasing his forfeiture compared to the 1981 statute. Although Avera is not entitled to release via habeas corpus, the court granted a writ of mandamus, ordering a recalculation of his gain time forfeiture under the 1981 statute. The court also addressed a factual error regarding the date of Avera's escape conviction, allowing for correction despite the law of the case doctrine. The outcome is a recalculation of gain time without the use of the percentage method imposed by the 1983 statute, ensuring Avera's sentence aligns with the laws effective at the time of the offense.
Legal Issues Addressed
Ex Post Facto Application of Lawsubscribe to see similar legal issues
Application: The court determined that applying the revised 1983 statute retroactively to Avera's gain time forfeiture was an ex post facto violation, as it disadvantaged the offender by increasing the forfeiture.
Reasoning: The court agreed with Avera's argument, noting that the retroactive application of the 1983 statute, which resulted in a greater forfeiture of gain time, constituted an ex post facto violation.
Law of the Case Doctrinesubscribe to see similar legal issues
Application: The appellate court exercised its authority to correct a factual error regarding the date of Avera's escape conviction, despite the law of the case doctrine.
Reasoning: The law of the case doctrine typically prevents revisiting previously decided legal issues, but appellate courts retain the authority to correct factual errors, as this instance involves an incorrect fact rather than a legal argument.
Writ of Mandamussubscribe to see similar legal issues
Application: Avera's petition for a writ of habeas corpus was converted into a request for a writ of mandamus, which was granted to order a recalculation of his gain time forfeiture according to the 1981 statute.
Reasoning: Instead, the court converted Avera's petition into a request for a writ of mandamus, granting the writ and ordering a recalculation of his basic gain time forfeited according to the 1981 formula.