WILLIAMS v. MOORE, SC02-1460 (Fla. 10-8-2002)

CARL E. WILLIAMS, Petitioner, v. MICHAEL W. MOORE, etc., Respondent.

Case No. SC02-1460.Supreme Court of Florida.
October 8, 2002.

Lower Tribunal Case No. 1D00-4810

ORDER DENYING PETITION
Petitioner has filed a petition for writ of habeas corpus raising a number of claims. Petitioner’s claim for additional jail credit for time spent before conviction of the 1970 crime is denied without prejudice to petitioner’s ability to raise the claim in a proper post conviction motion, assuming he has not already done so. Petitioner’s claim that he should have been offered an earlier parole revocation hearing is denied. See Hofmann v. Wainwright, 332 So.2d 18 (Fla. 1976). Petitioner’s gain time forfeiture claim is also denied. See § 944.28(1), Fla. Stat. (2002). Petitioner’s claim for credit towards his Florida sentences for time spent under parole supervision and in prison in Georgia are denied. See § 947.21(2), Fla. Stat. (2002); Gay v. Singletary, 700 So.2d 1220, 1221 (Fla. 1997); see also Sims v. State, 441 So.2d 187 (Fla. 5th DCA 1983).

Petitioner’s claim for the award of Florida gain time for time spent in a Georgia prison is also denied. See Singletary v. Dunlap, 701 So.2d 589
(Fla. 2nd DCA 1997). Finally, petitioner’s claims concerning his Presumptive Parole Release Date are also denied. See generally Jackson v. Florida Parole and Probation Comm’n, 424 So.2d 930 (Fla. 1st DCA 1983); Cf. Holston v. Florida Parole and Probation Comm’n, 394 So.2d 1110, 1111 (Fla. 1st DCA 1981).

SHAW, WELLS, LEWIS, QUINCE and CANTERO, JJ., concur.

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