RANDY HALEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*60] 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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Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)…s not limited to, Perez v. State, 801 So. 2d 166 (Fla. 2d DCA 2001), Sparks v. State, 800 So. 2d 726 (Fla. 2d DCA 2001), McCollum v. State, 799 So. 2d 1082 (Fla. 2d DCA 2001), Tennell v. State, 787 So. 2d 65 (Fla. 2d DCA 2001), and Branton v. State, 787 So. 2d 59 (Fla. 2d DCA 2001). . The trial court denied Mr. Toney’s motion for rehearing as unauthorized under Florida Rule of Criminal Procedure 3.800(a) even though Mr. Toney filed the motion pursuant to rule 3.800(a) and Florida Rule of Criminal Procedure…
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Giancarlo Vindigni v. State, 819 So. 2d 884 (Fla. 4th DCA 2002)…PER CURIAM. Affirmed without prejudice to appellant’s right to file a timely and proper motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Branton v. State, 787 So. 2d 59 (Fla. 2d DCA 2001). STEVENSON, SHAHOOD and TAYLOR, JJ., concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Hogan v. Ardc Corp., 637 So. 2d 9 (Fla. 4th DCA 1994)
- Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)
- Hickey v. Dunn & Corey, 761 So. 2d 1245 (Fla. 3d DCA 2000)