VIGIL BIRCH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2001-06-20
No. 3D01-1373
Before GERSTEN and SHEVIN, JJ., and NESBITT, Senior Judge.
787 So. 2d 962 Florida District Court of Appeal, Third District (2001)

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the denial of defendant’s motion to correct illegal sentence. This affir-mance is without prejudice to defendant presenting his claim for gain time administratively to the Department of Corrections, and, if unsuccessful, thereafter filing a petition for writ of mandamus. See Baez v. State, 780 So. 2d 981 (Fla. 4th DCA 2001); Allen v. State, 768 So. 2d 1168 (Fla. 4th DCA 2000).

Affirmed.


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