TONY BETHEA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-03-14
No. 4D01-327
WARNER, C.J., FARMER and SHAHOOD, JJ., concur.
780 So. 2d 981 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirm without prejudice to refile a timely, properly sworn motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Austin v. State, 756 So. 2d 1080, 1080 (Fla. 4th DCA 2000).

WARNER, C.J., FARMER and SHAHOOD, JJ., concur.


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  • Vigil Birch v. State, 787 So. 2d 962 (Fla. 3d DCA 2001)
    …ct 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); [*963] Allen v. State, 768 So. 2d 1168 (Fla. 4th DCA 2000). Affirmed.…
  • Burns v. State, 825 So. 2d 1013 (Fla. 4th DCA 2002)
    …PER CURIAM. This Court affirms without prejudice for appellant to file in the circuit court of the jurisdiction in which the appellant is incarcerated a petition for a writ of mandamus to compel the award of gain time. See [*1014] Baez v. State, 780 So. 2d 981 (Fla. 4th DCA 2001). AFFIRMED. FARMER, GROSS and HAZÓURI, JJ., concur.…

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