FL: A Florida appeals court approves ‘gain time’ for a man convicted of an attempted sex crime on a child

Source: news.wfsu.org 6/12/22

Rejecting longstanding legal precedent, a state appeals court said Friday that a man convicted of attempted sexual battery on a child is eligible to be considered for early release from prison.

The ruling by the full 1st District Court of Appeal turned down arguments by the Florida Department of Corrections and drew two dissents. It involved whether inmate McMillan Gould should be eligible for what is known as prison “gain time” after pleading no contest to attempted sexual battery on a child under age 12.

Judge Adam Tanenbaum, in a 22-page majority decision, said state law bars gain time for people convicted of committing sexual battery — but not, as in the Gould case, for attempted sexual battery. Inmates may receive gain time based on factors such as their behavior and taking part in work and programs.

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Wow! Following the letter of the law with the outcome! This is a good change.

They’ll respond by adding attempted assault to the statute mentioned authorizing gain time.