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NEEL v. STATE

No. 5D08-688.

988 So.2d 1152 (2008)

Patrick NEEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 5, 2008.

Attorney(s) appearing for the Case

Patrick Neel, Orlando, pro se.

Bill McCollum, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

We reverse the trial court's summary denial of appellant's motion for enforcement of plea agreement. While the trial court is correct that it does not have the authority to instruct the Department of Corrections ("DOC") on how it administers sentences, it does have the authority to ensure that a forfeiture of gain time does not interfere with the terms of a valid plea agreement. See Dellofano v. State, 946 So.2d 127

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