Dubkowski v. State
Dubkowski v. State
767 So. 2d 680; 2000 Fla. App. LEXIS 13071; 2000 WL 1475720
(Southern Reporter, Second Series)
Dubkowski v. State
Opinion of the Court
Dubkowski appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). His claim for relief under Heggs v. State, 759 So.2d 620 (Fla. 2000) fails because his sentence of 92.0 months could have been imposed without a departure under the 1994 guidelines range of 70.8 to 118.1 months. His claim that an error has occurred in the calculation of his incentive gain time should be raised with the Department of Corrections. It is not appropriate to raise this claim in a Rule 3.800(a) motion. See Dept. of Corrections v. Mattress, 686 So.2d 740 (Fla. 5th DCA 1997).
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.