Opinion
Case No. SC02-776.
October 8, 2002.
Lower Tribunal Case No. 96-00344
ORDER DENYING PETITION
Petitioner has filed a petition for writ of habeas corpus. The gain time claim is hereby denied based on this Court's decision in Comer v. Moore, 27 Fla. L. Weekly S 245 (Fla. Mar. 14, 2002). The conviction-related claims are dismissed as they are currently pending on appeal. A petition for extraordinary relief cannot be used when there is an alternative remedy available. See Hendrix v. Pingree, 381 So.2d 334 (1st DCA 1980); see also Gilbert v. Singletary, 632 So.2d 1104, 1105 (Fla. 4th DCA 1994).
SHAW, WELLS, PARIENTE and LEWIS, JJ., and HARDING, Senior Justice, concur.