Tom H. Parks v. State

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TOM HENRY PARKS,
Appellant,
v. Case No. 5D18-1557
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 29, 2018
3.850 Appeal from the Circuit Court
for Volusia County,
Raul A. Zambrano, Judge.
Tom H. Parks, Perry, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Kellie A. Nielan, Assistant
Attorney General, Daytona Beach, for
Appellee.
PER CURIAM.
We affirm the order entered by the circuit court in Case No. 2017-100954-CFDL
denying Appellant’s Florida Rule of Criminal Procedure 3.850 motion for postconviction
relief filed in that case, albeit not for the reasons provided by the court. We do so without
prejudice to Appellant timely raising in Case No. 2007-000909-CFAWS his instant claim
that the forfeiture of gain time by the Department of Corrections (“DOC”) thwarted his plea
bargain, as that appears to be the case so affected by the forfeiture. See Dellahoy v.
State, 816 So. 2d 1253, 1253 (Fla. 5th DCA 2002) (“The DOC’s forfeiture of the gain time
cannot be countermanded by the court, but neither can that forfeiture thwart the plea
bargain.”).
AFFIRMED, without prejudice.
TORPY, WALLIS, and LAMBERT, JJ., concur.
2