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July 29, 2010 |
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| June 25, 2009 |
By: Jordana Mishory |
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he state Department of Corrections cannot require an inmate to serve more time in prison than was imposed by the trial judge, the Florida Supreme Court ruled Thursday.
The court resolved a conflict between two appellate courts when it sided with inmate Edison Canty, who was sentenced to 15-year concurrent terms in 1992 for attempted murder, aggravated assault and a firearm threat. He was released in 2002 but was sent back to prison three years later for violating the conditions of his release.
The department calculated a release date extending his time behind bars to 17 years, but the court’s unsigned opinion said the extra two years would be unconstitutional.
The “conditional release program act provides that, upon revocation of conditional release, an inmate is returned to prison to serve the sentence imposed upon him by the sentencing judge, while the gain time the inmate earned prior to conditional release is forfeited,” the court wrote.
In a concurring opinion, Justice Charles T. Canady said the court should not have cited the Florida Constitution in reaching its decision. Chief Justice Peggy Quince concurred with the majority in result only. No justices dissented.
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