JEAN v. DEPARTMENT OF CORRECTIONS (2023)

District Court of Appeal of Florida, Second District.

Mekinson JEAN, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.

No. 2D22-3857

Decided: October 13, 2023

Mekinson Jean, pro se. Ashley Moody, Attorney General, Tallahassee, and Caitlin Wilcox, Assistant Attorney General, Tampa, for Respondent.

Denied. See § 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).

PER CURIAM.

LaROSE, KHOUZAM, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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