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WALLACE v. STATE

No. 2D00-3641.

793 So.2d 78 (2001)

Gary D. WALLACE, Petitioner, v. STATE of Florida, and Michael Moore, Secretary, Department of Corrections, Respondents.

District Court of Appeal of Florida, Second District.

August 8, 2001.

Attorney(s) appearing for the Case

Gary D. Wallace, pro se.

Robert A. Butterworth, Attorney General, Tallahassee and Ronald Napolitano, Assistant Attorney General, Tampa, for Respondent, State of Florida.

Judy Bone, Assistant General Counsel, Tallahassee, for Respondent, Department of Corrections.

CAMPBELL, MONTEREY, (Senior) Judge.

Gary D. Wallace, an inmate in the custody of the Florida Department of Corrections (D.O.C.), petitions this court for a writ of certiorari. In 1989, Wallace was originally sentenced to 12 years' incarceration with probation to follow for dealing in stolen property. During Wallace's period of incarceration, he was awarded 1440 days of basic gain-time and 195 days of incentive gain-time. Due to prison over-crowding,

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