BOOTH v. STATE

No. 96-2246.

687 So.2d 335 (1997)

Johnny Floyd BOOTH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 5, 1997.


Attorney(s) appearing for the Case

Johnny Floyd Booth, in pro per.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and FLETCHER, JJ.


PER CURIAM.

Johnny Floyd Booth appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

In point 4 of the sworn 3.850 motion, defendant-appellant Booth states that he was affirmatively advised by his attorney that he would be eligible for 25 days per month gain time. Because of the nature of his offenses, in reality he is eligible for only 20 days per month gain time. Defendant further asserts that had he...

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