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SINGLETARY v. MARCHETTI

No. 97-103.

691 So.2d 65 (1997)

Harry K. SINGLETARY, Jr., Secretary of Florida Department of Corrections, Appellant, v. Dino MARCHETTI, Appellee.

District Court of Appeal of Florida, Third District.

April 11, 1997.

Attorney(s) appearing for the Case

Judy Bone, Gainesville, for appellant.

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellee.

Before LEVY, FLETCHER and SHEVIN, JJ.

SHEVIN, Judge.

We affirm the order under review as an order that, in effect, mitigates defendant's sentence. Although the trial court styled the order as an "Order Allowing Additional Prison Gain-Time," the court's intention was to address defendant's sentence, and mitigate that sentence in view of defendant's unnecessary retention in county jail.

Defendant had been transported to county jail from the custody of the Department of Corrections [DOC],...

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