Donald Craig Gore v. State of Florida

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DONALD CRAIG GORE, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D12-2828
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed September 2, 2014.
An appeal from the Circuit Court for Columbia County.
Maurice V. Giunta, Senior Judge.
Appellant Donald Craig Gore, pro se.
Pamela Jo Bondi, Attorney General, and Anne C. Conley, Assistant Attorney
General, Tallahassee. Barbara Debelius, Assistant General Counsel, Department
of Corrections, Tallahassee.
PER CURIAM.
This is an appeal of a final order in Circuit Court Case No. 2012-178-CA
denying Appellant’s petition to invoke all writs jurisdiction, which the trial court
treated as a petition for writ of habeas corpus and denied. The petition alleged
Appellant’s entitlement to immediate release from prison. The trial court issued its
ruling without affording Appellee an opportunity to show cause concerning the
Florida Department of Corrections’ (“Department”) application of Appellant’s
credits. On the Department’s proper concession of error, we reverse the order and
remand with instructions that the trial court issue an order for the Department to
show cause regarding (1) whether Appellant has been properly awarded all jail,
prison, and gain-time credits that are due under the law and as set forth in Gisi v.
State, 4 So. 3d 613 (Fla. 2009), and Rabedeau v. State, 2 So. 3d 191 (Fla. 2009),
and (2) whether such an award would affect Appellant’s consecutive 21-year
sentence. To ensure consistent rulings on substantially similar issues, we direct the
trial court to consolidate this case and Circuit Court Case No. 2011-41-CA
(appealed as #1D12-907) for further proceedings.
REVERSED and REMANDED with instructions.
ROBERTS, RAY, and SWANSON, JJ., CONCUR.
2