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Date: 01-09-2020
Case Style:
JEFFREY NELSON, vs THE STATE OF FLORIDA
Case Number: 3D19-1558
Judge: Before FERNANDEZ, LOGUE, and MILLER, JJ. PER CURIAM
Court: Third District Court of Appeal State of Florida
Plaintiff's Attorney: Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General
Defendant's Attorney:
Description:
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Appellant, Jeffrey Nelson, a sentenced prisoner, housed in Suwannee County
under the custody of the Florida Department of Corrections, challenges the lower
court’s order denying his motion to correct illegal sentence. In his motion, Nelson
contended the Department improperly calculated his gain time following his
resentencing. Because Nelson did not claim entitlement to immediate release, the
proper vehicle for such a challenge is a writ of mandamus filed in Leon County, where the Department is headquartered. See Bush v. State, 945 So. 2d 1207 (Fla. 2006).
Outcome: Accordingly, we reverse and remand with instructions to the trial court to
transfer the case to Leon County.
Reversed.
Plaintiff's Experts:
Defendant's Experts:
Comments: