Grieco v. State
This text of 962 So. 2d 1067 (Grieco 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.
Opinion
Louis M. GRIECO, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
Louis M. Grieco, Ocala, pro se.
No Appearance for Appellee.
PER CURIAM.
The appellant filed an appeal seeking relief which cannot be appropriately granted by this court. First, we note that an order denying a rule 3.800(c) motion to mitigate sentence is not appealable. See Adams v. State, 800 So.2d 741 (Fla. 5th DCA 2001). Next, as to the gain time issue, the appellant failed to show that he exhausted his administrative remedies. The proper procedure for seeking this relief is to file a petition for writ of mandamus in the circuit court to review final action by the DOC relating to gain time claims. See Sheley v. Fla. Parole Comm'n, 720 So.2d 216 (Fla.1998); Gaynor v. State, 831 So.2d 1246 (Fla. 5th DCA 2002) (gain time claim cannot be raised in 3.800(a) motion). Accordingly, we dismiss the appeal.
DISMISSED.
PLEUS, MONACO and TORPY, JJ., concur.
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962 So. 2d 1067, 2007 WL 2456366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grieco-v-state-fladistctapp-2007.