Mark Berrios v. Department of Corrections

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-1565 _____________________________ MARK BERRIOS, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. _____________________________ Petition for Writ of Certiorari—Original Jurisdiction. December 29, 2021 PER CURIAM. The petition for writ of certiorari is denied on the merits. See Baranko v. Wainwright, 448 So. 2d 1067, 1069 (Fla. 1st DCA 1984) (explaining that the Department of Corrections may apply gain- time only when an award of gain-time is authorized by statute); see also Duncan v. Moore, 754 So. 2d 708, 712 (Fla. 2000) (explaining that “[e]qual protection is not violated merely because some persons are treated differently than other persons;” instead equal protection requires only “that persons similarly situated be treated similarly”). ROWE, C.J., and OSTERHAUS and WINOKUR, JJ., concur.  _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Mark Berrios, pro se, Petitioner. Lance Eric Neff, General Counsel, and Beverly Brewster, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent. 2