Florida District Courts of Appeal, 2001

Birch v. State

Birch v. State
Florida District Courts of Appeal · Decided June 20, 2001 · Gersten, Nesbitt, Shevin
787 So. 2d 962; 2001 Fla. App. LEXIS 8315; 2001 WL 686893 (Southern Reporter, Second Series)

Birch v. State

Opinion of the Court

PER CURIAM.

We affirm the denial of defendant’s motion to correct illegal sentence. This affir-mance is without prejudice to defendant presenting his claim for gain time administratively to the Department of Corrections, and, if unsuccessful, thereafter filing a petition for writ of mandamus. See Baez v. State, 780 So.2d 981 (Fla. 4th DCA 2001); *963Allen v. State, 768 So.2d 1168 (Fla. 4th DCA 2000).

Affirmed.

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