BUSH WADE HOLLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The lower court’s denial of appellant’s Fla.R.Crim.P. 3.850 motion for post conviction relief was correct and is therefore affirmed. We note, however, that appellant’s asserted grounds for relief: that the Department of Corrections erred in its interpretation of State v. Green, 547 So. 2d 925 (Fla.1989) in calculating the number of days for which he is entitled to credit for time served, if true, might entitle appellant to relief under the inmate grievance procedures set forth in Fla.Admin.Code Rules 33-29.001 et seq.
The sentence as imposed by the trial court upon appellant’s violation of probation is valid as it properly affords appellant credit for time served for his entire 12-year sentence, and not just for the amount of time actually served. State v. Green. Appellant’s apparent remedy for any asserted error on the part of the Department of Corrections in its calculations lies in the inmate grievance procedure,
AFFIRMED
SHIVERS and WOLF, JJ., and CAWTHON, Senior Judge, concur.
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van Bryant v. State, 602 So. 2d 582 (Fla. 4th DCA 1992)…re-amended version of the statute and therefore cannot rely on the unconstitutionality of the amendment to void his sentence. See Hale v. State, 589 So. 2d 1000 (Fla. 1st DCA 1991); McNeil v. State, 588 So. 2d 303 (Fla. 1st DCA 1991); King v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991); Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991). Accordingly, we reverse appellant’s sentence as a habitual offender and remand this matter to the trial court for resentencing. On remand, the trial court may again sentence…
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McNEIL v. State, 588 So. 2d 303 (Fla. 1st DCA 1991)…304] Chapter 89-280, Laws of Florida, is unconstitutional as violative of the one subject rule. However, because appellant could have been habitualized under the pre-amendment statute as well, we decline to consider this argument. See King v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991); Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991). ERVIN and SHIVERS, JJ., concur.…
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Tims v. State, 592 So. 2d 741 (Fla. 1st DCA 1992)…appellant would qualify as an habitual violent felony offender under the 1988 version of the statute, appellant may not challenge the constitutionality of Chapter 89-280. [*742] See McNeil v. State, 588 So. 2d 303 (Fla. 1st DCA 1991); King v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991); Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991). Accordingly, we affirm. SHIVERS, ZEHMER and MINER, JJ., concur. . Art. Ill, § 6, Fla.Const. (1968), provides in part: "Every law shall embrace but one subject and matter…
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- State v. Green, 547 So. 2d 925 (Fla. 1989)