JOVAN GIBSON
v.
STATE OF FLORIDA
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Gain time awards are solely a function of the Department of Corrections and not subject to judicial review through rule 3.801 motions.
[1] Gain time awards are exclusively within the administrative discretion of the Department of Corrections and are not subject to judicial review through rule 3.801 motions.
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Join FLexlaw to unlock all legal intelligence“The award of gain time is solely a function of the Department of Corrections.”
Citation to Walker v. State, 619 So. 2d 518, 519 (Fla. 1st DCA 1993)
Jovan Gibson filed a rule 3.801 motion in the Circuit Court for Broward County challenging a matter related to gain time. The trial court denied the m…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JOVAN GIBSON, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D20-728
[May 13, 2020]
Appeal of order denying rule 3.801 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 10-7063CF10B.
Jovan Gibson, Crestview, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See Walker v. State, 619 So. 2d 518, 519 (Fla. 1st DCA 1993) (“The award of gain time is solely a function of the Department of Corrections.”).
LEVINE, C.J., CIKLIN and FORST, JJ., concur.
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