Florida District Courts of Appeal, 2009

Mikell v. State

Mikell v. State
Florida District Courts of Appeal · Decided July 24, 2009 · Evander, Lawson, Orfinger
17 So. 3d 752; 2009 Fla. App. LEXIS 10147; 2009 WL 2190439 (Southern Reporter, Third Series)

Mikell v. State

Opinion

PER CURIAM.

AFFIRMED. We affirm the summary denial of Appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence, which attempts to challenge the Department of Correction’s application of certain gain-time statutes to his sentence. “[T]he defendant must seek relief on his gain time claim by pursuing his administrative remedies within the Department of Corrections.” Gaynor v. State, 831 So.2d 1246, 1247 (Fla. 5th DCA 2002) (citations omitted).

ORFINGER, LAWSON and EVANDER, JJ., concur.

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