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WEBB v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Corey Wayne WEBB, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-686

Decided: August 20, 2021

Corey Wayne Webb, Cross City, pro se. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

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 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.

HARRIS, J.

SASSO and TRAVER, JJ., concur.

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WEBB v. STATE (2021)

Docket No: Case No. 5D21-686

Decided: August 20, 2021

Court: District Court of Appeal of Florida, Fifth District.

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