Bethel v. State

850 So. 2d 597, 2003 Fla. App. LEXIS 9400, 28 Fla. L. Weekly Fed. D 1483
District Court of Appeal of Florida·Decided June 25, 2003·No. No. 4D03-2178·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm the trial court’s summary denial of appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), without prejudice to appellant’s right to present his gain-time challenge to the Department of Corrections first. If he is not satisfied after exhaustion of administrative remedies there, he can then file a petition for writ of mandamus with the appropriate circuit court. See Dacosta v. State, 842 So.2d 935 (Fla. 4th DCA 2003).

KLEIN, SHAHOOD and MAY, JJ., concur.

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Bethel v. State, 850 So. 2d 597, 2003 Fla. App. LEXIS 9400, 28 Fla. L. Weekly Fed. D 1483 (Fla. Ct. App. 2003).

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