ROBERT BLAINE LEFTWICH, v. FLORIDA DEPARTMENT OF CORRECTIONS

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROBERT BLAINE LEFTWICH, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-1739 FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. ___________________________/ Opinion filed November 26, 2012. Petition for Writ of Certiorari -- Original Jurisdiction. Robert Blaine Leftwich, pro se, Petitioner. Jennifer Parker, General Counsel, and Barbara Debelius, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent. PER CURIAM. In accordance with our decision in McBride v. Moore, 780 So. 2d 221 (Fla. 1st DCA 2001), the circuit court correctly concluded that after being sentenced as an habitual offender, petitioner was ineligible for provisional credits on all his sentences, including those imposed before he was designated an habitual offender. Accordingly, we DENY the petition for writ of certiorari on the merits, but CERTIFY that our decision conflicts with Downs v. Crosby, 874 So. 2d 648 (Fla. 2d DCA 2004). WOLF, THOMAS, and CLARK, JJ., CONCUR.

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