DONALD L. COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of the motion because the defendant's claim regarding gain-time must first be presented to the Department of Corrections.
Donald L. Cook received a sentence for an offense committed during the Heggs window and sought more gain-time than awarded. He did not claim entitleme…
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PER CURIAM.
We affirm the trial court’s order denying Donald L. Cook’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800. Cook received a twenty-five year sentence for an offense that occurred on May 5, 1997. Accordingly, Cook’s offense appears to have been committed during the Heggs window. See Trapp v. State, 760 So. 2d 924 (Fla.2000); Heggs v. State, 759 So. 2d 620 (Fla.2000)(revised opinion).
Cook does not claim that he is entitled to be re-sentenced. Instead, he claims that he is entitled to more gain-time than he was awarded. See id. (declaring chapter 95-184, Laws of Florida, unconstitutional in its entirety; section 26 of chapter 95-184 amended section 944.275, the gain-time statute).
We agree with the Second District Court of Appeal in Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000), that the major 1995 amendment to section 944.275 is contained in chapter 95-294, Laws of Florida, entitled “Stop Turning Out Prisoners Act,” and was not addressed in Heggs. Accordingly, like the Second District in Clements, we do not reach the merits of Cook’s claim.
Cook’s claim must be presented administratively to the Department of Corrections. Upon a ruling from the Department, Cook can seek extraordinary relief in the appropriate circuit court. See King v. State, 665 So. 2d 377 (Fla. 4th DCA 1996).
FARMER, STEVENSON and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Wilfredo Baez v. State, 780 So. 2d 981 (Fla. 4th DCA 2001)…the Department of Corrections, is to file a petition for writ of mandamus in the circuit court of the jurisdiction in which he is incarcerated to compel the award of gain time. See Heaton v. State, 775 So. 2d 1002 (Fla. 4th DCA 2001); Cook v. State, 767 So. 2d 572 (Fla. 4th DCA 2000); Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)(affirming denial of post-conviction motion seeking additional gain time pursuant to Heggs without taking a position on the merits of the claim, but noting that although secti…
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Maltimore Reynolds v. State, 826 So. 2d 1012 (Fla. 3d DCA 2001)…falls within the 1994 sentencing guidelines. Accordingly, he is not entitled to be resentenced. See id. at 627. We reject defendant’s arguments regarding gain time on authority of Sanchez v. State, 765 So. 2d 246 (Fla. 3d DCA 2000), Cook v. State, 767 So. 2d 572 (Fla. 4th DCA 2000), and Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000). Defendant’s claims of ineffective assistance of trial counsel are facially insufficient or refuted by the record. Affirmed.…
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Hopkins v. State, 772 So. 2d 585 (Fla. 4th DCA 2000)…firmance is without prejudice to appellant administratively pursuing his claim regarding gain time with the Department of Corrections and then, if necessary, by petition for writ of mandamus filed in the appropriate circuit court. See Cook v. State, 767 So. 2d 572 (Fla. 4th DCA 2000). POLEN, KLEIN and TAYLOR, JJ„ concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)
- Hickey v. Dunn & Corey, 761 So. 2d 1245 (Fla. 3d DCA 2000)
- Jennings v. State, 665 So. 2d 377 (Fla. 4th DCA 1996)
- Jawan King v. State, 665 So. 2d 377 (Fla. 4th DCA 1996)