PATRICK SMITH, 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 held that a motion to correct an illegal sentence is not the proper vehicle for seeking post-sentencing jail credit or gain time, and the motion was legally insufficient.
Appellant sought additional gain time jail credit for time served after his sentencing date in county jail, as opposed to state prison, via a Rule 3.8…
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 Rule 3.800(A) cases and more on FLexlaw
MONACO, J.
The appellant, Patrick Smith, appeals the denial of his Rule 3.800(a) Motion to Correct Illegal Sentence in which he sought additional gain time jail credit for time served after his sentencing date in county jail, as opposed to state prison. We affirm for two reasons.
First, the calculation of gain time is a function of the Department of Corrections, through which relief must first be pursued administratively. While Rule 3.800(a) provides a vehicle for criminal defendants to address the issues of an illegal sentence, or an incorrect calculation of a scoresheet, or a sentence that does not grant proper credit for time served prior to sentencing, it is not available to address post-sentencing jail credit or gain time issues. See Gaynor v. State, 831 So. 2d 1246 (Fla. 5th DCA 2002); Tarrand v. State, 809 So. 2d 66 (Fla. 5th DCA 2002). See also Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983).
Second, the motion filed in the trial court and the documents filed in this appeal are legally insufficient. There is no explanation, for example, of why Mr. Smith spent the time in jail for which he seeks gain time.
AFFIRMED.
PETERSON and PLEUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lathio Jenkins v. State, 999 So. 2d 729 (Fla. 3d DCA 2008)…awarded 234 days of time served in jail from January 23, 2007, to September 13 or 14, 2007. However, his claim is not cognizable by a Rule 3.800(a) motion because Jenkins is requesting credit for jail time he served after sentencing. Smith v. State, 902 So. 2d 351 (Fla. 5th DCA 2005) (“While Rule 3.800(a) provides a vehicle for criminal defendants to address the issues of an illegal sentence, or an incorrect calculation of a seoresheet, or a sentence that does not grant proper credit for time served prior to…
-
McCLOUD v. State, 970 So. 2d 348 (Fla. 3d DCA 2007)…9 So. 2d 984 (Fla. 3d DCA 1999)(to contest award or loss of gain time inmate must first exhaust administrative remedies through the Department of Corrections and if necessary seek a writ of mandamus against DOC in the circuit court); Smith v. State, 902 So. 2d 351 (Fla. [*349] 5th DCA 2005)(“The calculation of gain time is a function of the Department of Corrections, through which, relief must first be pursued administratively.”). Petition for habeas corpus denied.…
Authorities Cited
- Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983)
- Gaynor v. State, 831 So. 2d 1246 (Fla. 5th DCA 2002)
- Tarrand v. State, 809 So. 2d 66 (Fla. 5th DCA 2002)
- Cioni v. State, 809 So. 2d 66 (Fla. 5th DCA 2002)