Croft 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 DAVID DEAN CROFT, a/k/a DAVID DARK ) HORSE, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Case No. 2D13-1715 Opinion filed December 20, 2013. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Keith Meyer, Judge. David Dean Croft, pro se. PER CURIAM. David Dean Croft, a/k/a David Dark Horse, appeals the postconviction court order dismissing in part and summarily denying in part his motion filed under Florida Rule of Criminal Procedure 3.850. We affirm. However, as to Mr. Croft's claim challenging his presumptive parole release date, our affirmance is without prejudice to pursue his administrative remedies with the Florida Parole Commission. If he is unsuccessful, he may seek mandamus relief in the appropriate circuit court. See Werts v. State, 113 So. 3d 859 (Fla. 2d DCA 2012); Sullivan v. Fla. Parole Comm'n, 920 So. 2d 106 (Fla. 2d DCA 2006). Affirmed. CASANUEVA, VILLANTI, and SLEET, JJ., Concur. -2-

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