Mekinson Jean v. Department of Corrections
CourtDistrict Court of Appeal of Florida
Date FiledOctober 13, 2023
Docket2D2022-3857
StatusPublished
๐ฐ News Coverage: Read the LAWS.com news report on this case
Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
MEKINSON JEAN,
Petitioner,
v.
DEPARTMENT OF CORRECTIONS,
Respondent.
No. 2D22-3857
October 13, 2023
Petition for Writ of Certiorari to the Circuit Court for DeSoto County; Don
T. Hall, Judge.
Mekinson Jean, pro se.
Ashley Moody, Attorney General, Tallahassee, and Caitlin Wilcox,
Assistant Attorney General, Tampa, for Respondent.
PER CURIAM.
Denied. See ยง 775.087(2)(b), Fla. Stat. (2010) ("[A] defendant is not
eligible for statutory gain-time . . . prior to serving the [firearm] minimum
sentence."); Thomas v. Dugger, 548 So. 2d 230, 231 (Fla. 1989) (rejecting
as contrary to the plain language of section 775.087 the argument that
gain time "continues to accumulate" toward a longer concurrent sentence
while a defendant is serving a firearm minimum mandatory sentence).
LaROSE, KHOUZAM, and ROTHSTEIN-YOUAKIM, JJ., Concur.
Opinion subject to revision prior to official publication.