Martin v. Glover

Docket: No. 94-01559

Court: District Court of Appeal of Florida; June 30, 1995; Florida; State Appellate Court

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John-Tyronne Martin appeals the trial court's denial of his petition for a writ of mandamus directed at the Department of Corrections (DOC). He sought an order from the court to compel DOC to grant him credit on his Florida sentence for the time he was in Illinois custody and for any gain time that would have accrued during that period. The court affirmed the denial of his petition but noted that Martin could pursue relief by filing a Form DC3-005, Request for Interview, as stipulated by Florida Administrative Code Rule 33-29.005. The court found that the issue of Martin's entitlement to credit and earned gain time for the period from February 21, 1992, to February 12, 1993, had not been conclusively resolved in prior proceedings. The opinion was concurred by Chief Judge Frank and Judges Altenbernd and Lazzara.