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Frederick v. McDonough

District Court of Appeal of Florida, Third District
Jun 7, 2006
931 So. 2d 1005 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D06-1010.

June 7, 2006.

A case of original jurisdiction — Habeas Corpus.

Darryl Frederick, in proper person.

Judy Bone, Assistant General Counsel, Department of Corrections, for appellee.

Before FLETCHER and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.


Darryl Frederick, pro se, petitions this court for writ of habeas corpus. We have jurisdiction pursuant to Article V, section 4(b)( 3) of the Florida Constitution and deny the petition. See § 944.28(1), Fla. Stat. (2004) (if conditional release to the prisoner is revoked, the department may declare a forfeiture of all gain-time earned by such prisoner prior to such conditional release). See also Duncan v. Moore, 754 So.2d 708, 711 (Fla. 2000) (returning a conditional release violator to prison to continue serving his sentence without credit for the prior awarded gain time does not constitute a violation of double jeopardy).

Petition denied.


Summaries of

Frederick v. McDonough

District Court of Appeal of Florida, Third District
Jun 7, 2006
931 So. 2d 1005 (Fla. Dist. Ct. App. 2006)
Case details for

Frederick v. McDonough

Case Details

Full title:Darryl FREDERICK, Appellant, v. James R. McDONOUGH, Sec'y, Florida Dep't…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 7, 2006

Citations

931 So. 2d 1005 (Fla. Dist. Ct. App. 2006)

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