Leftwich v. Fla. Dep’t of Corr.
Annotate this CaseIn 1989, Petitioner was sentenced to terms of incarceration for robbery and aggravated battery convictions. Neither of those sentences was imposed under the habitual offender statute. While incarcerated, Petitioner was convicted of inmate possession of contraband and sentenced under the habitual offender statute to a term of incarceration. The provisional release date for Petitioner reflected only the 410 days of provisional credits that he acquired prior to his sentence as a habitual offender. Petitioner challenged the Florida Department of Correction’s (DOC) award of provisional credits, claiming he was eligible for 1,080 days of provisional credits for the robbery and aggravated burglary sentences. The DOC responded that an inmate sentenced as a habitual offender was no longer eligible to receive provisional credits on non-habitual offender sentences. The First District denied Petitioner’s petition for writ of certiorari. The Supreme Court approved the First District’s decision, holding that Fla. Stat. 944.277 renders an inmate ineligible to receive provisional credits on any sentence after the inmate has received a habitual offender sentence, even where the habitual offender sentence is imposed subsequent to a sentence that is otherwise eligible for provisional credits.
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