Full Opinion

Third District Court of Appeal State of Florida Opinion filed January 2, 2020. ________________ No. 3D19-1558 Lower Tribunal Nos. 08-35130B & 08-35649B ________________ Jeffrey Nelson, Appellant, vs. The State of Florida, Appellee. An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge. Jeffrey Nelson, in proper person. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee. Before FERNANDEZ, LOGUE, and MILLER, JJ. PER CURIAM. UPON PARTIAL CONFESSION OF ERROR Appellant, Jeffrey Nelson, a sentenced prisoner, housed in Suwannee County under the custody of the Florida Department of Corrections, challenges the lower court’s order denying his motion to correct illegal sentence. In his motion, Nelson contended the Department improperly calculated his gain time following his resentencing. Because Nelson did not claim entitlement to immediate release, the proper vehicle for such a challenge is a writ of mandamus filed in Leon County, where the Department is headquartered. See Bush v. State, 945 So. 2d 1207 (Fla. 2006). Accordingly, we reverse and remand with instructions to the trial court to transfer the case to Leon County. Reversed. 2