# Brown v. Moore

> District Court of Appeal of Florida · November 16, 2001 · 800 So. 2d 329

URL: https://www.frixlaw.com/law-library/cases/7745717

## Case

- **Full name:** William BROWN v. Michael W. MOORE and Florida Department of Corrections
- **Court:** District Court of Appeal of Florida
- **Decided:** November 16, 2001
- **Citations:** 800 So. 2d 329; 2001 Fla. App. LEXIS 16257; 2001 WL 1448558
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barfield
- **Judges:** Barfield, Nortwick, Polston
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7745717

## Opinion text

BARFIELD, J.
Petitioner has not demonstrated that the lower tribunal departed from the essential requirements of law in denying his petition for writ of mandamus seeking gain time credit under the statute in effect at the time he began the conspiracy of which he was convicted, instead of under the statute in effect at the time the conspiracy ended. A crime spanning a change in the gain time statute invokes the provisions of the latter statute. See, Jenkins v. State, 444 So.2d 1108 (Fla. 1st DCA 1984). See also, Leyvas v. United States, 371 F.2d 714 (9th Cir.1967). The law deems an offender who persists in the commission of a continuing crime, in the face of a change in a statute affecting the punishment or gain time with regard to that crime, to have fully anticipated the application of the latter law.
*330 The petition for writ of certiorari is DENIED.
VAN NORTWICK and POLSTON, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7745717. Public record. Not legal advice.