SC08-2369 – Walter A. McNeil, Etc. v. Edison Canty

State: Florida

Docket No: SC08-2369

Case Date: 06/25/2009

Preview:Supreme Court of Florida
____________ No. SC08-2369 ____________ WALTER A. MCNEIL, etc., Petitioner, vs. EDISON CANTY, Respondent. [June 25, 2009] PER CURIAM. We review the decision of the First District Court of Appeal in Canty v. McNeil, 995 So. 2d 998 (Fla. 1st DCA 2008), a case in which the First District certified a question of great public importance.1 We rephrase the certified question as follows: Upon revocation of conditional release, can the Department of Corrections (DOC) calculate an inmate`s new release date by using the gain time forfeited on the release eligible sentence with the most accrued gain time, even if this method requires the inmate to be incarcerated beyond the concurrent sentences imposed by the trial judge?

1. We have jurisdiction. See art. V,

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