Brinkley v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT FRED ALLEN BRINKLEY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D04-400 Opinion filed July 7, 2004. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; James A. Yancey, Acting Circuit Judge. VILLANTI, Judge. Fred Allen Brinkley appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's denial because the record conclusively refutes Brinkley's claim. However, we affirm without prejudice to any right Brinkley may have to challenge the forfeiture of gain time through the appropriate administrative remedies with the Department of Corrections and then by way of petition for writ of mandamus in the appropriate circuit court. See Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000). Affirmed. ALTENBERND, C.J., and STRINGER, J., Concur. 2

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