COREY WAYNE WEBB
v.
STATE OF FLORIDA
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Gain-time calculations are solely within the province of the Department of Corrections and cannot be addressed through a Rule 3.800(a) postconviction motion without first exhausting administrative remedies.
[1] Calculation of gain time credits is exclusively within the administrative province of the Department of Corrections and must be pursued through administrative remedies be…
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Join FLexlaw to unlock all legal intelligence“This calculation is solely within the province of DOC.”
Court explaining why the trial court properly denied the postconviction motion
Corey Webb appealed the denial of his Rule 3.800(a) motion seeking to have the Department of Corrections calculate his gain time. Webb did not allege …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Case No. 5D21-686 COREY WAYNE WEBB, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 20, 2021 3.850 Appeal from the Circuit Court for Lake County, Larry Metz, Judge. Corey Wayne Webb, Cross City, pro se. Ashley Moody, Attorney General, Tallahassee, and Deborah
A.
Chance, Assistant Attorney General, Daytona Beach, for Appellee.
HARRIS, J.
Corey Webb appeals the lower court’s order denying his Florida Rule of Criminal Procedure 3.800(a) motion in which he seeks to have the
2 Department of Corrections (DOC) calculate his gain time. Webb does not allege that he has sought to have DOC properly calculate the amount of gain time to which he may be currently entitled. This calculation is solely within the province of DOC. See Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987). Therefore we affirm the order denying Webb’s postconviction motion without prejudice to Webb to pursue administrative remedies by appropriate application to DOC. Should Webb not obtain the relief to which he believes he is entitled, after exhausting his administrative remedies, he may seek judicial relief. See Norris v. State, 275 So. 3d 829 (Fla. 5th DCA 2019).
AFFIRMED.
SASSO and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987)
- Tarrell Anton Boynton v. State, 275 So. 3d 829 (Fla. 5th DCA 2019)