MICHAEL T. CANTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Canty appeals the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), claiming the Department of Corrections miscalculated his prison and gain time credit following resentencing for probation violation. The court affirmed the denial, finding Canty must first exhaust administrative remedies or pursue alternative relief depending on the nature of his claim.
Canty is not entitled to relief under Rule 3.800(a). If the trial court awarded credit for time previously served, Canty must exhaust administrative remedies with the Department of Corrections. If Canty's plea agreement specified a particular prison sentence and the DOC's forfeiture of gain time resulted in a longer sentence, Canty may pursue relief under Rule 3.850.
[1] A defendant challenging the Department of Corrections' calculation of prison and gain time credit must first exhaust administrative remedies with the Department.
[2] A motion to correct an illegal sentence under Rule 3.800(a) is not the proper vehicle to challenge the Department of Corrections' calculation of sentence credit.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If, upon resentencing for violation of probation, the trial court did in fact award Canty credit for time previously served in prison, the trial court has completed its responsibility, and any challenge Canty may have regarding the application of prison credit to his sentence should first be raised through the appropriate administrative remedies with the DOC.”
Establishes that if credit was awarded by the trial court, administrative remedies are the proper avenue for challenging DOC's calculation.
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Join FLexlaw to unlock all legal intelligenceCanty entered a plea agreement on January 25, 1991, for kidnapping and was sentenced to twenty-two years in prison followed by three years probation. …
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STRINGER, Judge.
Michael T. Canty appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). According to Canty’s motion, on January 25,1991, he entered into a negotiated plea agreement on one count of kidnapping, and the trial court sentenced him to twenty-two years in prison followed by three years’ probation. He was released from prison on January 18, 2001, and began serving his probation. He subsequently violated his probation, and on August 30, 2002, he was resentenced to seventeen years in prison.
In his motion, Canty argued that upon resentencing for his violation of probation, the trial court granted him credit for time previously served in prison. However, he argued that the Department of Corrections (DOC) has miscalculated his prison and gain time credit and has him scheduled for release in 2013. On the other hand, he claimed that the DOC’s calculation of his sentence violates his plea agreement. The trial court denied the motion because he must first exhaust his administrative remedies and then file a petition for writ of mandamus with the appropriate circuit court. See Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000).
After reviewing Canty’s motion and the attachments, we cannot determine the exact nature of the relief sought in the motion. If, upon resentencing for violation of probation, the trial court did in fact award Canty credit for time previously served in prison, the trial court has completed its responsibility, and any challenge Canty may have regarding the application of prison credit to his sentence should first be raised through the appropriate administrative remedies with the DOC. See Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003). However, if Canty entered into a plea agreement upon violation of probation for a particular prison sentence and the DOC’s forfeiture of gain time has resulted in a longer sentence than that agreed upon, Canty may be entitled to relief by filing a timely, facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850. See Williamson v. State, 841 So. 2d 694 (Fla. 2d DCA 2003). Either way, Canty is not entitled to relief under rule 3.800(a), and we affirm the denial of his motion without prejudice to any right he may have to seek the appropriate relief.
Affirmed.
WHATLEY and COVINGTON, JJ„ concur.
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Hardenbrook v. State, 953 So. 2d 717 (Fla. 1st DCA 2007)…ward [the defendant] prison credit by checking the box directing the DOC to calculate how much prison time is appropriate for [his] sentence.... [The defendant] can then administratively appeal the calculation if it is inaccurate.”); Canty v. State, 884 So. 2d 123, 124 (Fla. 2d DCA 2004) (“If ... the trial court did in fact award [the defendant] credit for time previously served in prison, the trial court has completed its responsibility, and any challenge [the defendant] may have regarding the application of…
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Mills v. State, 908 So. 2d 1168 (Fla. 2d DCA 2005)…PER CURIAM. Affirmed without prejudice to the Appellant seeking appropriate relief in the proper forum. See Canty v. State, 884 So. 2d 123 (Fla. 2d DCA 2004); Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003). SILBERMAN, KELLY, and CANADY, JJ., concur.…
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Little v. State, 913 So. 2d 1289 (Fla. 2d DCA 2005)…lonies as a result of his plea agreement. Mr. Little may raise this claim only by a sworn motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and not by an unsworn motion for clarification. See Canty v. State, 884 So. 2d 123 (Fla. 2d DCA 2004). Thus, we affirm the order of the trial court without prejudice to any right Mr. Little might have to file a timely, facially sufficient, and sworn motion for postconviction relief pursuant to rule 3.850. Assuming he files such a…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)
- Hickey v. Dunn & Corey, 761 So. 2d 1245 (Fla. 3d DCA 2000)
- Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)
- Hunter v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)
- Williamson v. State, 841 So. 2d 694 (Fla. 2d DCA 2003)