Florida District Courts of Appeal, 2001

Haley v. State

Florida District Courts of Appeal · Decided February 28, 2001 · Campbell, Casanueva, Monterey, Northcutt

787 So. 2d 59; 2001 Fla. App. LEXIS 2092; 2001 WL 193775 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Branton v. State (Fla. Dist. Ct. App. 2001)

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Opinion of the Court

PER CURIAM.

Randy Haley appeals the summary denial of his postconviction motion. In his motion, Haley alleged that he was sentenced as a habitual offender during the Heggs window and that his gain time was illegally reduced under chapter 95-184, Laws of Florida, because Heggs v. State, 759 So.2d 620 (Fla. 2000), invalidated chapter 95-184 in its entirety. We affirm the order of the trial court. Appellant must first present his claim administratively to the Department of Corrections; if he is dissatisfied with the result, he can file a petition for writ of mandamus in the circuit court in the county where he is incarcerated. See Clements v. State, 761 So.2d 1245 (Fla. 2d DCA 2000); Newsome v. Singletary, 637 So.2d 9 (Fla. 2d DCA 1994).

Affirmed.

NORTHCUTT, A.C.J., and CASANUEVA, J., and CAMPBELL, MONTEREY, (Senior) Judge, Concur.

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