Opinion
Case No. 96-2800
Opinion filed February 5, 1997.
An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court of Dade County, Rodolfo Sorondo, Jr., Judge.
Ricky Allen Azmoe, in proper person.
Robert A. Butterworth, Attorney General, and Fleur J. Lobree, Assistant Attorney General, for appellee.
Before NESBITT, LEVY, and FLETCHER, JJ.
Defendant Ricky Allen Azmoe appeals the trial court's denial of his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, wherein he sought to withdraw his plea on the basis that section 33-11.0065(1), Florida Administrative Code, deprived him of his plea bargain as the rule revised the gain time laws to his detriment. Rule 33-11.0065(1), Florida Administrative Code, was held invalid during the pendency of this appeal, thus rendering the issue moot. Gwong v. Singletary, 683 So.2d 109 (Fla. 1996). Azmoe is free to pursue his administrative remedy to obtain reinstatement of his gain time. Accordingly, his appeal is denied without prejudice to pursue that relief.