Opinion
Case No. 96-3899
Opinion filed February 12, 1997
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge; L.T. Case No. 91-15530 CF.
Donald Lee Harris, Sanderson, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Barbra Amron Weisberg, Assistant Attorney General, West Palm Beach, for appellee.
The trial court denied the appellant's motion to correct the jail credit calculation contained in his sentence and for mandamus relief from an administrative decision by the Department of Corrections that denied him additional gain time. The trial court's conclusion that it lacked jurisdiction over such claims was contrary to Posey v. Kaplan, 660 So.2d 781 (Fla. 4th DCA 1995), dismissed, No. 89,666 (Fla. Jan. 14, 1997). We reverse and remand for consideration of the merits.
WARNER, FARMER and PARIENTE, JJ., concur.