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817 So. 2d 1067

Docket No. 5D02-85.

Ehouse v. State

Clifford J. EHOUSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2002-06-07

Cited by 11 later decisions — most recently April 2009

9 state decisions

Relies on Forbes v. Singletary

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-07

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¶1Clifford J. Ehouse, Sanderson, pro se.

¶2No Appearance for Appellee.

¶3PLEUS, J.

¶4This is an appeal of a denial of a motion to withdraw a plea subsequent to sentencing. The trial court found the motion was untimely because the motion was not made within 30 days after rendition of the sentence. Fla. R.Crim. P. 3.170(l). The appellant argues that the Department of Corrections ("DOC") cancelled his gain time contrary to the trial court's intent in sentencing him. This argument is not addressed to any error committed by the trial court or any misunderstanding by the defendant, but rather with DOC's forfeiture of gain time.

¶5We agree with the trial court that the motion was not timely. See Williams v. State (Fla. 2d DCA Apr.3, 2002). Additionally, the DOC had the authority to forfeit the gain time. Forbes v. Singletary,684 So.2d 173 (Fla.1996).

¶6AFFIRMED.

¶7THOMPSON, C.J., and SAWAYA, J., concur.

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