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HERNANDEZ v. DEPT. OF CORRECTIONS

No. 3D99-3140.

761 So.2d 469 (2000)

Clemente HERNANDEZ, Appellant, v. DEPARTMENT OF CORRECTIONS, Appellee.

District Court of Appeal of Florida, Third District.

June 28, 2000.

Attorney(s) appearing for the Case

Clemente Hernandez, for appellant.

Terri Leon-Benner (Tallahassee), Assistant General Counsel for the Department of Corrections.

Before JORGENSON, LEVY, and GREEN, JJ.

PER CURIAM.

The defendant, Clemente Hernandez, seeks review of the denial of his petition for writ of habeas corpus. We grant the State's motion, relinquish jurisdiction to the trial court and remand this case to the lower court for further fact finding as to whether prison overcrowding exceeded the statutory threshold set forth in section 944.598, Florida Statutes (1985), thus entitling Hernandez to emergency gain time. See Sanford v. State,

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