JOSEPH TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of post-conviction relief, finding the appellant's sentence was within guidelines and his gain-time claim must first be addressed by the Department of Corrections.
Appellant challenged his sentence and gain-time entitlement in a motion for post-conviction relief. The trial court summarily denied the motion.…
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PER CURIAM.
Appellant Joseph Taylor appeals a trial court order summarily denying his amended motion for post-conviction relief in which he raised a challenge to his sentencing under Heggs v. State, 759 So. 2d 620 (Fla.2000).
We affirm that portion of the trial court’s order which summarily denied appellant’s Heggs challenge. The trial court attached record documentation showing that appellant’s 65 month prison sentence fell within the guidelines under the 1994 laws as well. Thus, he is not entitled to relief under Heggs. See Battle v. State, 761 So. 2d 1177 (Fla. 4th DCA 2000).
Appellant also argued that his gain-time entitlement was illegally reduced under chapter 95-184, Laws of Florida. We affirm the summary denial of relief on this claim as well, because appellant’s gain-time challenge must first be entertained in the Department of Corrections. If appellant is not satisfied with the DOC’s ruling, then he can file a petition for writ of mandamus with the appropriate circuit court. See Black v. State, 771 So. 2d 1281 (Fla. 4th DCA 2000).
AFFIRMED.
WARNER, C.J., KLEIN and HAZOURI, JJ., concur.
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Ingraham v. State, 842 So. 2d 954 (Fla. 4th DCA 2003)…g until appellant returned from his furlough. See Joslin, 826 So. 2d at 326; Robie, 807 So. 2d at 783. Nor is it a case where the state moved to vacate the plea pursuant to Florida Rule of Criminal Procedure 3.170(g). We distinguish Adams v. State, 780 So. 2d 955 (Fla. 4th DCA 2001). Although the facts are very similar to this case, the crucial difference is that the trial judge in Adams “never pronounced the sentence.” Id. at 958. We ruled that where no oral sentence had been pronounced, the written sentenc…
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Joslin v. State, 826 So. 2d 324 (Fla. 2d DCA 2002)…ant returns on an appointed date, jeopardy attaches only to the plea. If the defendant fails to report for sentencing as agreed, the court may sentence him to a greater punishment than discussed without violating double jeopardy. See Adams v. State, 780 So. 2d 955, 958-59 (Fla. 4th DCA 2001); cf. Quarterman v. State, 527 So. 2d 1380 (Fla.1988). But if the court sentences the defendant before allowing him to leave on furlough, the principles announced in Troupe and Coll apply; the double jeopardy clauses bar t…
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Dacosta v. State, 842 So. 2d 935 (Fla. 4th DCA 2003)…ting his gain-time challenge to the Department of Corrections. If appellant is not satisfied with the Department of Correction’s ruling, then he can file a petition for writ of mandamus with the appropriate [*936] circuit court. See Taylor v. State, 780 So. 2d 955 (Fla. 4th DCA 2001); Black v. State, 771 So. 2d 1281, 1232 (Fla. 4th DCA 2000). FARMER, KLEIN, and GROSS, JJ., concur.…
Previewing 3 of 10 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)
- E.M. v. State, 761 So. 2d 1177 (Fla. 4th DCA 2000)