JOHN WERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN WERTS, APPELLANT,
STATE OF FLORIDA, APPELLEE
113 So. 3d 859
Florida District Court of Appeal, Second District (2012)
Positive Treatment
Cited by 2 cases
Opinion of the Court
John Werts appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm; however, as to his claim alleging the improper forfeiture of gain time, our affirmance is without prejudice to pursue his administrative remedies with the Florida Department of Corrections. If he is unsuccessful after exhausting those remedies, he may seek mandamus relief in the appropriate circuit court. See State v. Taylor, 738 So.2d 988, 989 n. 1 (Fla. 2d DCA 1999); Alexander v. State, 697 So.2d 1017, 1017 (Fla. 4th DCA 1997).
Affirmed.
VILLANTI, KHOUZAM, and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Croft v. State, 136 So. 3d 658 (Fla. 2d DCA 2013)…s presumptive parole release date, our affirmance is without prejudice to pursue his administrative remedies with the Florida Parole Commission. If he is unsuccessful, he may seek mandamus relief in the appropriate circuit court. See Werts v. State, 113 So. 3d 859 (Fla. 2d DCA 2012); Sullivan v. Fla. Parole Comm’n, 920 So. 2d 106 (Fla. 2d DCA 2006). Affirmed. CASANUEVA, VILLANTI, and SLEET, JJ., Concur.…
Authorities Cited
- State v. Taylor, 738 So. 2d 988 (Fla. 2d DCA 1999)
- Verwayne Alexander v. State, 697 So. 2d 1017 (Fla. 4th DCA 1997)