DELLAHOY v. STATE

No. 5D01-3354.

816 So.2d 1253 (2002)

Walter DELLAHOY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 31, 2002.


Attorney(s) appearing for the Case

Walter Dellahoy, Bowling Green, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente and Lamya A. Henry, Assistant Attorney Generals, Daytona Beach, for Appellee.


PETERSON, J.

Walter Dellahoy appeals the summary denial of his motion under Rule 3.850, Florida Rules of Criminal Procedure. Dellahoy's motion alleged that he agreed to and was sentenced by the trial court to a period of 125 months with credit for 96 months. Subsequently, however, the Department of Corrections (DOC) advised Dellahoy that 1098 days of gain time had been forfeited and he would have to serve approximately 3 years more than the 29 months called for by...

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