LARRY NELSON, PETITIONER,
v.
MICHAEL W. MOORE, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
Larry Nelson petitions this court for a writ of certiorari to review the order of the trial court which denied his petition for writ of mandamus.1 Nelson argues that because he was sentenced within the Heggs2 window period, he is entitled to the amount of gain time he would have received under section 944.275, Florida Statutes (1993), as it existed prior to the 1995 amendments made by chapter 95-184, Laws of Florida. Because the trial court correctly concluded that the Heggs decision holding these amendments to be unconstitutional does not affect the amount of gain time to which an inmate is entitled, we deny the petition. See Rivera v. State, 790 So. 2d 584 (Fla. 3d DCA 2001). See also Clements v. State, 761 So. 2d 1245, n. 1 (Fla. 2d DCA 2000).
Petition denied.
ALTENBERND, A.C.J., and NORTHCUTT and SILBERMAN, JJ., concur. . Nelson filed a notice of appeal which this court previously converted to a petition for writ of certiorari by unpublished order. See Sheley v. Fla. Parole Comm’n, 720 So. 2d 216 (Fla.1998).
. Heggs v. State, 759 So. 2d 620 (Fla.2000).
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Comer v. Moore, 817 So. 2d 784 (Fla. 2002)…6, Fla. Const. . Our decision today is in accord with a number of district court decisions. See, e.g., Williams v. State, 801 So. 2d 183 (Fla. 1st DCA 2001) (law imposing general 85% service provision was not invalidated by Heggs); Nelson v. Moore, 802 So. 2d 472 (Fla. 2d DCA 2001) (same); Rivera v. State, 790 So. 2d 584 (Fla. 3d DCA 2001) (same).…
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Nelson v. State, 933 So. 2d 118 (Fla. 2d DCA 2006)…PER CURIAM. Affirmed. See § 921.0012, Fla. Stat. (Supp.1994); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Nelson v. Moore; 802 So. 2d 472 (Fla. 2d DCA 2001); Paul v. State, 830 So. 2d 953 (Fla. 5th DCA 2002). DAVIS, WALLACE, and LaROSE, JJ., Concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)
- Hickey v. Dunn & Corey, 761 So. 2d 1245 (Fla. 3d DCA 2000)
- Rivera v. State, 790 So. 2d 584 (Fla. 3d DCA 2001)