COBB, Judge.
The issue on this appeal is whether the appellant, Mamone, was wrongfully denied retroactive provisional credits for gain-time by the Department of Corrections in respect to a portion of his prison sentence. He is serving an overall term of 13 1/2 years comprised of a 3 1/2-year term followed by a 10-year habitualized term.
Based upon the case of Dugger v. Anderson,
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