Parks v. State

Full title: TOM HENRY PARKS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jun 29, 2018

246 So. 3d 1296 (Fla. Dist. Ct. App. 2018)

Opinion

Case No. 5D18-1557

06-29-2018

Tom Henry PARKS, Appellant, v. STATE of Florida, Appellee.

Tom H. Parks, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Tom H. Parks, Perry, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.We affirm the order entered by the circuit court in Case No. 2017-100954-CFDL denying Appellant's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief filed in that case, albeit not for the reasons provided by the court. We do so without prejudice to Appellant timely raising in Case No. 2007-000909-CFAWS his instant claim that the forfeiture of gain time by the Department of Corrections ("DOC") thwarted his plea bargain, as that appears to be the case so affected by the forfeiture. See Dellahoy v. State , 816 So.2d 1253, 1253 (Fla. 5th DCA 2002) ("The DOC's forfeiture of the gain time cannot be countermanded by the court, but neither can that forfeiture thwart the plea bargain.").

AFFIRMED, without prejudice.

TORPY, WALLIS, and LAMBERT, JJ., concur.