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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
JANUARY TERM 2003
CASE NO. 5D02-1615
STATE OF FLORIDA, et al.,
Opinion Filed March 7, 2003
Appeal from the Circuit Court
for Marion County,
Brian D. Lambert, Judge.
Manuela Marshall, Lowell, pro se.
Susan Schwartz, Assistant General Counsel,
for Appellee, Department of Corrections.
No Appearance for Appellee, State of Florida.
Appellant, Manuela Marshall ["Marshall"], appeals the denial of a petition for writ of
mandamus directed to the Florida Department of Corrections ["DOC"] to compel the award
of gain time under section 944.275(3)(a), Florida Statutes (1981). Marshall is not entitled to
issuance of a writ of mandamus directing the DOC to award her six days gain time for work
performance "over and above that which may normally be expected." Even if her performance
had been exemplary, and even if she is correct that the DOC's interpretation of the statute is
unduly narrow, the award is plainly discretionary. Mandamus does not lie to compel the
exercise of discretion in a particular fashion or to establish a right.
TORPY, J., and COBB, W., Senior Judge, concur.
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