Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Gary W. GRIMES, Appellant, v. STATE of Florida, Appellee.
We affirm the denial of Gary Grimes' motion for correction of sentence because the failure of the Department of Corrections to award the proper gain time does not make the underlying sentence “illegal” within the meaning of Florida Rule of Criminal Procedure 3.800(a)(1999). See, Blakley v. State, 746 So.2d 1182 (Fla. 4th DCA Dec.8, 1999).
Affirmance is without prejudice to Grimes to pursue the appropriate administrative remedy. Duggan v. Department of Corrections, 665 So.2d 1152 (Fla. 5th DCA 1996). We note that Grimes' motion alleged that the jail had not responded to his request for documentation to support his gain time claim. He may file a petition for writ of mandamus in the circuit court if it is necessary to compel the jail to provide that documentation.
PER CURIAM.
GUNTHER, POLEN and HAZOURI, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 4D00-0309.
Decided: March 08, 2000
Court: District Court of Appeal of Florida,Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)