07-5522 MELVIN PEREZ, v. WALTER A. MCNEIL

State: Florida

Court: Florida First District Court

Docket No: 07-5522

Case Date: 10/07/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MELVIN PEREZ, Petitioner, v. WALTER A. McNEIL, Secretary, Florida Department of Corrections, Respondent. ______________________________/ Opinion filed October 7, 2008. Petition for Writ of Certiorari -- Original Jurisdiction. Melvin Perez, pro se, Petitioner. Kathleen Von Hoene, General Counsel, and Sean T. Garner, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent. CASE NO. 1D07-5522

ON MOTION FOR REHEARING AND REHEARING EN BANC

PER CURIAM. DENIED. LEWIS and ROBERTS, JJ., CONCUR; BENTON, J., CONCURS WITH OPINION.

BENTON, J., concurring in denial of rehearing. I concur in denying rehearing on the petition for writ of certiorari by which Melvin Perez asked us to overturn the trial court's denial of his petition for writ of mandamus. He sought to compel the Department of Corrections (DOC) to award him 60 days of gain-time because he had earned a general educational development certificate (GED)

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