Robert B. Leftwich, Petitioner v. Florida Department of Corrections, Respondent — Quince, J., Dissenting

Summary

Justice Quince dissents, arguing that the plain language of the 1988 statute does not bar habitual offenders like Leftwich from provisional credits, that the 1992 amendment should not apply retroactively because it violates the Florida Constitution’s ex post facto clause, and that the rule of lenity requires a construction favoring Leftwich; consequently, the dissent would quash the First District’s decision and adopt the Second District’s ruling in Downs v. Crosby.