Bass v. State

District Court of Appeal of Florida

Bass v. State

103 So. 3d 933, 2012 Fla. App. LEXIS 19748, 2012 WL 5500513

CourtDistrict Court of Appeal of Florida

DecidedNovember 14, 2012

DocketNo. 4D12-686

StatusPublished

This text of 103 So. 3d 933 (Bass v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bass v. State, 103 So. 3d 933, 2012 Fla. App. LEXIS 19748, 2012 WL 5500513 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

As to appellant’s challenge to the constitutionality of section 893.101, Florida Statutes (2008), we affirm. See State v. Adkins, 96 So.3d 412, 423 (Fla.2012); Annee v. State, — So.3d -, 2012 WL 4897781 (Fla. 4th DCA 2012), (citing Maestas v. State, 76 So.3d 991 (Fla. 4th DCA 2011)). Appellant additionally complains that the Florida Department of Corrections (“DOC”), where he is currently serving concurrent six-year sentences for the offenses he pled to in this case, improperly relied on a finding by the trial court that this action was frivolous to forfeit 214 days gain-time accrued by appellant. See § 944.28(2)(a), Fla. Stat. (2008). However, the proper venue for appellant’s challenge is by way of writ of mandamus in the circuit court in Leon County, where the DOC is located, after appellant has exhausted all available administrative remedies within DOC. See Hartley v. McNeil, 52 So.3d 690, 691 (Fla. 4th DCA 2010), rev. denied 63 So.3d 749 (Fla.2011) (citing Bush v. State, 945 So.2d 1207, 1213-14 (Fla.2006)). Accordingly, as to that issue, we dismiss his appeal to this court without prejudice to pursue his remedies as described herein.

Affirmed as to point II, dismissed without prejudice as to point I.

WARNER, GROSS and TAYLOR, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

As to appellant’s challenge to the constitutionality of section 893.101, Florida Statutes (2008), we affirm. See State v. Adkins, 96 So.3d 412, 423 (Fla.2012); Annee v. State, — So.3d -, 2012 WL 4897781 (Fla. 4th DCA 2012), (citing Maestas v. State, 76 So.3d 991 (Fla. 4th DCA 2011)). Appellant additionally complains that the Florida Department of Corrections (“DOC”), where he is currently serving concurrent six-year sentences for the offenses he pled to in this case, improperly relied on a finding by the trial court that this action was frivolous to forfeit 214 days gain-time accrued by appellant. See § 944.28(2)(a), Fla. Stat. (2008). However, the proper venue for appellant’s challenge is by way of writ of mandamus in the circuit court in Leon County, where the DOC is located, after appellant has exhausted all available administrative remedies within DOC. See Hartley v. McNeil, 52 So.3d 690, 691 (Fla. 4th DCA 2010), rev. denied 63 So.3d 749 (Fla.2011) (citing Bush v. State, 945 So.2d 1207, 1213-14 (Fla.2006)). Accordingly, as to that issue, we dismiss his appeal to this court without prejudice to pursue his remedies as described herein.

Affirmed as to point II, dismissed without prejudice as to point I.

WARNER, GROSS and TAYLOR, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

103 So. 3d 933, 2012 Fla. App. LEXIS 19748, 2012 WL 5500513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-state-fladistctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack