Opinion
No. 82-542.
June 9, 1982.
Edwin Gene William, pro se.
No appearance for respondent.
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. 5th 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.