WALLACE RAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the departure sentence because the appellant was not adversely affected by the amendments to the sentencing guidelines.
Appellant challenged his sentence, arguing for resentencing under Heggs v. State due to amendments to sentencing guidelines and gain time statutes. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Gain Time cases and more on FLexlaw
PER CURIAM.
Appellant Wallace Ray challenges his sentence for offenses he committed on July 4, 1996. We affirm.
In a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.800, Ray alleged that he should be resen-tenced pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court denied Ray’s motion because it found that Ray was given a departure sentence based on statutory aggravating factors which were equally valid under the 1994 and 1995 guidelines. We affirm the departure sentence imposed because Ray was not “adversely affected by the amendments made by chapter 95-184.” Id.
While conceding that his departure sentence may be valid, Ray contends that he is still entitled to relief because his gain time was adversely affected by the amendments to section 944.275, Florida Statutes (1995), made by chapter 95-184, Laws of Florida.1 We do not address the merits of this claim because Ray must first present this claim through the administrative channels of the Department of Corrections (DOC). See Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000). If Ray is not satisfied with the ruling of the DOC, he can then file a petition for mandamus with the appropriate circuit court. See Newsome v. Singletary, 637 So. 2d 9, 11 (Fla. 2d DCA 1994).
Affirmed.
PARKER, A.C.J., and WHATLEY and SALCINES, JJ., Concur. . Section 26 of chapter 95-184, Laws of Florida, made certain changes to the gain time statute. See § 944.275, Fla. Slat. (1995). Heggs declared chapter 95-184 unconstitutional in its entirety. However, the major 1995 amendment to section 944.275 was made by chapter 95-294, Laws of Florida, a chapter not addressed in Heggs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Gwenda Jean Lemon, 825 So. 2d 927 (Fla. 2002)…PER CURIAM. We have for review the decision in Lemon v. State, 769 So. 2d 417 (Fla. 4th DCA 2000), which expressly and directly conflicts with the decisions in Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), review denied, 791 So. 2d 1100 (Fla.2001), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons set forth below, we quash the Fourth District’s decision in…
-
State v. Davis, 863 So. 2d 138 (Fla. 2003)…PER CURIAM. We have for review the decision in Davis v. State, 791 So. 2d 1137 (Fla. 4th DCA 2001), which certified conflict with the decisions in Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), review denied, 791 So. 2d 1100 (Fla.2001), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. We accept jurisdiction in this case, quash the decision of the Fourth Distr…
-
Davis v. State, 791 So. 2d 1137 (Fla. 4th DCA 2001)…her it could be shown that the trial court would have imposed the same 1995 guidelines departure sentence under the 1994 guidelines. See Heggs v. State, 759 So. 2d 620 (Fla.2000); Lemon v. State, 769 So. 2d 417 (Fla. 4th DCA 2000). In Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000), the Second District found that the defendants were not adversely affected by the unconstitutional amendments to the sentencing guidelines because the records reflected that th…
Previewing 3 of 9 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)
- Hogan v. Ardc Corp., 637 So. 2d 9 (Fla. 4th DCA 1994)
- Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)
- Hickey v. Dunn & Corey, 761 So. 2d 1245 (Fla. 3d DCA 2000)