Full Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT A.M., ) ) Appellant, ) ) v. ) Case No. 2D18-4830 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 17, 2020. Appeal from the Circuit Court for Pinellas County; James V. Pierce, Judge Robert Dillinger, Public Defender, and Theresa Fifield, Assistant Public Defender, Clearwater, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee. MORRIS, Judge. A.M. appeals the order denying his petition for writ of habeas corpus. Below he sought relief on the basis that his classification status in the Florida Department of Corrections is preventing him from being eligible for work release, and he asserted a claim of newly discovered evidence in an effort to withdraw his plea for the crime that he claims is affecting his classification status. We affirm the denial of the petition for writ of habeas corpus, but we do so without prejudice to A.M.'s right to seek review in the circuit court of the county in which he is incarcerated after he has exhausted his administrative remedies.1 Cf. Milan v. State, 207 So. 3d 232, 232 (Fla. 2d DCA 2015) (table). Affirmed. LaROSE and ATKINSON, JJ., Concur. 1See Fla. Admin. Code R. 33-601.210(2)(h) (providing in relevant part that where an inmate has been "previously convicted or adjudicated delinquent for any crime where a sex act was intended, attempted, or completed," with a few exceptions not applicable here, the inmate "shall not be eligible for assignment to community or minimum custody status unless he has previously successfully completed the mentally disordered sex offender program prior to the repeal of Chapter 917, F.S." (emphasis added)). As noted by the State and as the record before this court indicates, adjudication was withheld on the charge which A.M. claims is affecting his classification status. -2-