SMITH v. STATE

No. 5D05-992.

902 So.2d 351 (2005)

Patrick SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 27, 2005.


Attorney(s) appearing for the Case

Patrick Smith, Lake City, Pro Se.

No Appearance for Appellee.


MONACO, J.

The appellant, Patrick Smith, appeals the denial of his Rule 3.800(a) Motion to Correct Illegal Sentence in which he sought additional gain time jail credit for time served after his sentencing date in county jail, as opposed to state prison. We affirm for two reasons.

First, the calculation of gain time is a function of the Department of Corrections, through which relief must first be pursued administratively. While Rule 3.800(a) provides a vehicle...

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