RODRIGUEZ v. STATE

No. 4D07-3716.

989 So.2d 743 (2008)

Linardo RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 10, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

In this appeal from an order denying appellant's motion to withdraw his plea after sentencing, appellant claims that the court erred in forfeiting his gain time, because the court had no authority under section 944.28(2)(a), Florida Statutes, to enter an order of forfeiture. Instead, the trial court can recommend that the Department of Corrections take this action where the court finds that the proceeding is frivolous or brought with "reckless disregard...

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