District Court of Appeal of Florida June 28, 2000, No. 3D99-3140 (Hernandez v. Department of Corrections)

PER CURIAM.

The defendant, Clemente Hernandez, seeks review of the denial of his petition for writ of habeas corpus. We grant the State’s motion, relinquish jurisdiction to the trial court and remand this case to the lower court for further fact finding as to whether prison overcrowding exceeded the statutory threshold set forth in section 944.