William v. Lamar, 414 So. 2d 1179

COWART, Judge.

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.

Case Details

Case Name: William v. Lamar

Court Name: District Court of Appeal of Florida

Date Published: Jun 9, 1982

Citations: 414 So. 2d 1179; 1982 Fla. App. LEXIS 20266; No. 82-542

Docket Number: No. 82-542

Court Abbreviation: Fla. Dist. Ct. App.