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JOE LOWERY, Appellant, v. STATE OF FLORIDA, Appellee.

PER CURIAM.

Appellant Joe Lowery seeks review of an order summarily denying his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant's motion purports to challenge his habitual felony offender sentence following his guilty plea and adjudication for delivery of cocaine, but his claim is directed to gain-time entitlement. His offense occurred during the window period of Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000) as revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000), which he cites as the basis of his challenge.

The trial court summarily denied relief on the grounds that appellant did not fall within the window period. We disagree, but affirmnonetheless for different reasons. This court may affirm a trial court decision deemed "right for a different reason" under the "tipsy coachman" rule acknowledged as far back as Carraway v. Armour Co., 156 So.2d 494 (Fla. 1963).

We affirm the summary denial of post-conviction relief in this case because appellant's gain-time challenge must first be entertained in the Department of Corrections. If the appellant is not satisfied with its ruling, then he can file a petition for writ of mandamus with the appropriate circuit court. See Clements v. State, No.2D00-2309, 2000 WL 954838 (Fla. 2d DCA July 12, 2000).

AFFIRMED.

STEVENSON, SHAHOOD and HAZOURI, JJ., concur.

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LOWERY v. STATE
(Aug 23, 2000)