Florida District Courts of Appeal, 1982

William v. Lamar

William v. Lamar
Florida District Courts of Appeal · Decided June 9, 1982 · Cowart, Sharp, Upchurch
414 So. 2d 1179; 1982 Fla. App. LEXIS 20266 (Southern Reporter, Second Series)

William v. Lamar

Opinion of the Court

COWART, Judge.

Petitioner, serving fifty-one weeks in the county jail as a condition of probation, seeks by petition for writ of mandamus to have this court order jail officials to give him statutory gain time under section 951.-21, Florida Statutes (1981). The statute does not apply to incarceration as a condition of probation, as it is not a “sentence.” Heatherington v. State, 388 So.2d 1354 (Fla. *11805th DCA 1980); Adams v. State, 387 So.2d 498 (Fla. 5th DCA 1980). The petition for mandamus is

DENIED.

FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

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