Summary
affirming the denial of a rule 3.800 motion which raised a gain time issue without prejudice to defendant to pursue administrative remedies
Summary of this case from Gaynor v. StateOpinion
No. 99-2357.
Opinion filed October 27, 1999.
An appeal from the Circuit Court for Bay County, Dedee S. Costello, Judge.
Appellant, pro se.
Robert Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.
We affirm the trial court's denial of appellant's Florida Rule of Criminal Procedure 3.800(a) motion without prejudice to appellant's pursuing his claim of incorrect calculation of gain time credit before the Department of Corrections. See Green v. State, 698 So.2d 575 (Fla. 5th DCA 1997); Slay v. Singletary, 676 So.2d 456 (Fla. 1st DCA 1996) (en banc), aff'd, 688 So.2d 319 (Fla. 1997); Duggan v. Department of Corrections, 665 So.2d 1152 (Fla. 5th DCA 1996).
WEBSTER, DAVIS and VAN NORTWICK, JJ., CONCUR.