449 So. 2d 982 | Fla. Dist. Ct. App. | 1984
In this petition for writ of habeas corpus, petitioner alleges that he is being illegally incarcerated beyond the expiration of his sentence, based on the misconstruction of the four five-year sentences which he received as consecutive, rather than concurrent. Petitioner also alleges that 153 days jail-time credit to which he was entitled was improperly credited to only one of the four sentences, rather than to all four.
Such a remand is not necessary in this case, and the motion therefor is accordingly denied. Petitioner has alleged his immediate entitlement to release from incarceration and respondent has demonstrated, and concurs in, the correctness of that allegation. Accordingly, the petition for writ of habeas corpus is granted, and petitioner shall be immediately released from custody.