Opinion
No. 2D99-1220.
Opinion filed April 14, 2000.
Appeal from the Circuit Court for Sarasota County; Robert W. McDonald, Jr., Judge.
Daniel Kersey, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Davis G. Anderson, Jr., Assistant Attorney General, Tampa, for Appellee.
CAMPBELL, A.C.J., and PARKER, J., Concur.
Daniel Paul Kersey appeals the trial court's order denying his motion for postconviction relief following an evidentiary hearing on one of several claims he had raised. Kersey specifically challenges the portion of the order finding that he had made a false claim and authorizing the Department of Corrections to initiate proceedings for the forfeiture of his gain-time pursuant to section 944.28(2), Florida Statutes (1997). Subsequent to the trial court's decision in the present matter, the Florida Supreme Court held that a prisoner's gain-time cannot be forfeited, pursuant to section 944.28(2), in the context of a collateral criminal proceeding, and determined that a petition for postconviction relief is such a proceeding. See Hall v. State, 25 Fla. L. Weekly S43 (Fla. Jan. 20, 2000). Thus, we reverse that portion of the order authorizing the Department of Corrections to proceed on the basis of section 944.28(2), and remand in order for the trial court to strike that portion of its order. We otherwise affirm the trial court's denial of Kersey's motion for postconviction relief.
Reversed and remanded in part with directions; affirmed in part.