¶1The Department of Corrections has appealed from an order granting mandamus relief to Mr. Armstrong based on Buffa v. Singletary, 652 So.2d 885 (Fla. 1st DCA 1995). The trial court found that forfeiture of Mr. Armstrong’s gain-time earned during imprisonment for a mandatory term was improper. Since that time the First District has receded from Buffain Singletary v. Jones, 681 So.2d 836 (Fla. 1st DCA 1996). The Jonescourt held that basic gain-time is subject to forfeiture in connection with disciplinary action during a mandatory minimum term. We agree with the reasoning in Jonesand accordingly reverse the order granting mandamus relief and remand to the trial court with directions to dismiss Mr. Armstrong’s petition for mandamus.
706 So. 2d 943
Singletary v. Armstrong
District Court of Appeal of Florida
Decided March 4, 1998
District Court of Appeal of Florida · decided 1998-03-04
Relies on Singletary v. Jones · 652 So. 2d 885 - Buffa v. Singletary
Decided 1998-03-04