BRIAN RICHARD HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Brian Howard (Howard) timely appeals the summary denial of his motion for post-, conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Howard alleged his plea was rendered involuntary by the 1996 amendment to Florida Administrative Code Rule 33-11.0065, which applied retroactively to deny him the ability to earn incentive gain time. We affirm as this claim does not state a claim cognizable in a postconvietion proceeding. See McConnaughy v. State, 684 So. 2d 851 (Fla. 5th DCA 1996); Washington v. State, 683 So. 2d 215 (Fla. 4th DCA 1996). Our affirmance is without prejudice to Howard seeking mandamus relief in circuit court, if necessary, to require the Department of Corrections to restore his incentive gain time in accordance with Gwong v. Singletary, 683 So. 2d 109 (Fla.1996).
AFFIRMED.
WEBSTER, LAWRENCE and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Verwayne Alexander v. State, 697 So. 2d 1017 (Fla. 4th DCA 1997)…e, and if he is unsuccessful after exhausting those remedies, he may seek mandamus relief against the department by proper motion in the circuit court. Our affirmance is without prejudice to his pursuing those avenues of relief. See Howard v. State, 688 So. 2d 992 (Fla. 1st DCA 1997); McConnaughy v. State, 684 So. 2d 851 (Fla. 5th DCA 1996). See also [*1018] Washington v. State, 683 So. 2d 215 (Fla. 4th DCA 1996). AFFIRMED. GUNTHER, FARMER and GROSS, JJ., concur.…
Authorities Cited
- Gwong v. Singletary, 683 So. 2d 109 (Fla. 1996)
- Washington v. State, 683 So. 2d 215 (Fla. 4th DCA 1996)
- McCONNAUGHY v. State, 684 So. 2d 851 (Fla. 5th DCA 1996)