Simonetta v. Moore

District Court of Appeal of Florida

Simonetta v. Moore

757 So. 2d 581, 2000 Fla. App. LEXIS 5219, 2000 WL 552520

Procedural entryThis page is a short order in Simonetta v. Moore. Read the opinion of the Court — 1999 Fla. App. LEXIS 2398 →

District Court of Appeal of Florida·Decided May 8, 2000·No. No. 1D00-1133·Published

Opinion

PER CURIAM.

John Simonetta petitions this court for a writ of habeas corpus, arguing that gain time was improperly forfeited from him by [582]*582the Florida Department of Corrections. This claim was previously unsuccessfully raised by Simonetta in a petition to the circuit court and his appeal from that decision is currently pending before this court in ease number 1D00-1096. Accordingly, we deny the instant petition, but do so without prejudice to petitioner’s right to argue for relief in the pending appellate proceeding.

PETITION DENIED.

JOANOS, LAWRENCE and DAVIS, JJ., concur.

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PER CURIAM.

John Simonetta petitions this court for a writ of habeas corpus, arguing that gain time was improperly forfeited from him by [582]*582the Florida Department of Corrections. This claim was previously unsuccessfully raised by Simonetta in a petition to the circuit court and his appeal from that decision is currently pending before this court in ease number 1D00-1096. Accordingly, we deny the instant petition, but do so without prejudice to petitioner’s right to argue for relief in the pending appellate proceeding.

PETITION DENIED.

JOANOS, LAWRENCE and DAVIS, JJ., concur.

Simonetta v. Moore, 757 So. 2d 581, 2000 Fla. App. LEXIS 5219, 2000 WL 552520 (Fla. Ct. App. 2000).

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