Werts v. State

District Court of Appeal of Florida

Werts v. State

113 So. 3d 859, 2012 WL 1557332, 2012 Fla. App. LEXIS 6986

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 2012

DocketNo. 2D11-4536

StatusPublished

Cited by1 cases

This text of 113 So. 3d 859 (Werts v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Werts v. State, 113 So. 3d 859, 2012 WL 1557332, 2012 Fla. App. LEXIS 6986 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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113 So. 3d 859, 2012 WL 1557332, 2012 Fla. App. LEXIS 6986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werts-v-state-fladistctapp-2012.

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