Opinion
Case No. 4D03-2178.
Opinion filed June 25, 2003. Rehearing Denied August 15, 2003.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 97-18167 CF.
William Bethel, Jasper, pro se.
No appearance required for appellee.
We affirm the trial court's summary denial of appellant's motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), without prejudice to appellant's right to present his gain-time challenge to the Department of Corrections first. If he is not satisfied after exhaustion of administrative remedies there, he can then file a petition for writ of mandamus with the appropriate circuit court.See Dacosta v. State, 842 So.2d 935 (Fla. 4th DCA 2003).
KLEIN, SHAHOOD and MAY, JJ., concur.