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Tom Henry PARKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District2018-06-29No. Case No. 5D18-1557
246 So. 3d 1296

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Opinion

majority opinion

PER CURIAM.

We affirm the order entered by the circuit court in Case No. 2017-100954-CFDL denying Appellants Florida Rule of Criminal Procedure 3.850 motion for postconviction relief filed in that case, albeit not for the reasons provided by the court. We do so without prejudice to Appellant timely raising in Case No. 2007-000909-CFAWS his instant claim that the forfeiture of gain time by the Department of Corrections (DOC) thwarted his plea bargain, as that appears to be the case so affected by the forfeiture. See Dellahoy v. State , 816 So.2d 1253, 1253 (Fla. 5th DCA 2002) (The DOCs forfeiture of the gain time cannot be countermanded by the court, but neither can that forfeiture thwart the plea bargain.).

AFFIRMED, without prejudice.

TORPY, WALLIS, and LAMBERT, JJ., concur.