Opinion
5D21-686
08-20-2021
COREY WAYNE WEBB, Appellant, v. STATE OF FLORIDA, Appellee.
Corey Wayne Webb, Cross City, pro se. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
3.850 Appeal from the Circuit Court for Lake County, Larry Metz, Judge.
Corey Wayne Webb, Cross City, pro se.
Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.
HARRIS, J.
Corey Webb appeals the lower court's order denying his Florida Rule of Criminal Procedure 3.800(a) motion in which he seeks to have the Department of Corrections (DOC) calculate his gain time. Webb does not allege that he has sought to have DOC properly calculate the amount of gain time to which he may be currently entitled. This calculation is solely within the province of DOC. See Shupe v. State, 516 So.2d 73 (Fla. 5th DCA 1987).
Therefore we affirm the order denying Webb's postconviction motion without prejudice to Webb to pursue administrative remedies by appropriate application to DOC. Should Webb not obtain the relief to which he believes he is entitled, after exhausting his administrative remedies, he may seek judicial relief. See Norris v. State, 275 So.3d 829 (Fla. 5th DCA 2019).
AFFIRMED.
SASSO and TRAVER, JJ., concur.