Tag Archives: marcelino gonzalez

Man Who Wasn’t Sent to Prison Freed by Judge

  • Mike Anderson was sentenced to 13 years, but released on a clerical error.
  • They realized the error at his intended release date, and only then picked him up.
  • Today, a judge set him free.

Today a Missouri judge granted Mike Anderson credit for the past 13 years, even though he was not in custody. The general rule is that people are entitled to credit if they are released due to no fault of their own. Anderson’s case was up in the air, as he was out on a supersedeas appellate bond, but was never given a date to report… so the credit may not have been running. The judge, noting that he had made wholesale life changes, today agreed to give him full credit for the time, and allowed him to be released today. Check out the video to see a guy with a really big smile: http://www.usatoday.com/story/news/nation/2014/05/05/judge-frees-robber-who-skipped-prison/8722645/

Marcelino Gonzalez is Still Being Illegally Imprisoned

Marcelino Gonzalez DOC photo

Marcelino Gonzalez DOC photo

We discussed the back and forth case of Marcelino Gonzalez, who was accidentally released early, and then illegally sent back to do the prison sentence that had already expired. He is still sitting in prison, and his incarceration is against the law. His federal petition for habeas corpus is still pending, Case 2:13-cv-00267-JES-DNF Gonzalez v. State Of Florida.

Collier Convict, Accidentally Released Early, Seeks to be Let Out of Prison Sentence

Marcelino Gonzalez DOC photo

Marcelino Gonzalez DOC photo

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