FLEMING v. STATE

No. 97-547.

697 So.2d 1322 (1997)

Mozell FLEMING, Appellant, v. STATE of Florida, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

August 22, 1997.


Attorney(s) appearing for the Case

Mozell Fleming, Lowell, pro se.

Susan Schwartz, Assistant General Counsel, Tallahassee, for Appellee Department of Corrections.

No Appearance for Appellee State of Florida.


GRIFFIN, Chief Judge.

Appellant appeals the lower court's denial of his petition for writ of habeas corpus. The state appears to be correct that the writ was properly denied because resolution of the issue raised in appellant's favor would not entitle him to immediate release. Moreover, we see no merit to appellant's claim. Appellant contends, in essence, that he is entitled to credit for time served while he was out of prison as a conditional releasee.

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