JOHNNY HAGIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2004-06-11
No. 2D03-4859
SALCINES and SILBERMAN, JJ., Concur.
875 So. 2d 732 Florida District Court of Appeal, Second District (2004) Positive Treatment
Cited by 2 cases


Opinion of the Court
NORTHCUTT, Judge.

NORTHCUTT, Judge.

Johnny Hagin appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of Hagin’s first claim without discussion. As for his second claim, in which he alleged that the circuit court failed to award him proper prison credit pursuant to the holding in Tripp v. State, 622 So. 2d 941 (Fla.1993), we affirm because the record indicates that the circuit court did in fact award such credit. If the Department of Corrections has erred in the computation and application of such credit, Hagin should seek relief through the administrative remedies available within the Department and then by way of petition for writ of mandamus in the appropriate circuit court. See Battles v. State, 799 So. 2d 1098 (Fla. 2d DCA 2001).

Affirmed.

SALCINES and SILBERMAN, JJ., Concur.


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Cited By

  • Gonzalez v. State, 884 So. 2d 256 (Fla. 2d DCA 2004)
    …e. He petitions the trial court to recalculate his release date and gain time. We affirm the order of the trial court because Gonzalez did not first seek relief through the administrative remedies available within the Department. See Hagin v. State, 875 So. 2d 732, 29 Fla. L. Weekly D1421 (Fla. 2d DCA June 11, 2004). Affirmed. SILBERMAN and VILLANTI, JJ., concur.…

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