Marcelino Gonzalez was convicted in Collier County of Cocaine Trafficking. But instead of serving a 15 year sentence, he was accidentally released from the Hillsborough County Jail. He moved up north, and resumed living and working as a free man. Florida officials realized their error and caught up to him a few years ago, and proceeded to put him back in prison. He has now filed a motion to be released, as his sentence should have been up years ago.
The general rule in Florida is that if a convict is released early, through no fault of their own, they should be entitled to the time they would have been serving. Basically, for such a ‘Bank Error in Your Favor’, the sentence clock is still running, and you benefit from their error. He was sentenced to 15 years, starting in 1996… not 2009. It’s too bad he doesn’t have a lawyer to file the correct motion for him. He missed the sentence he should have served, and now he’s serving time he should not. Two wrongs do not make a right, and the letter of the law is that he should be given credit, and released.
See State v. Mendiola, 919 So.2d 471 (Fla. 3d DCA 2005).
via Marissa Kendall at News-press.com: http://www.news-press.com/article/20130514/CRIME/305140029/Inmate-Mistaken-release-not-his-fault-he-should-free
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