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affirming denial of post-conviction motion seeking additional gain time pursuant to Heggs without taking a position on the merits of the claim, but noting that although section 26 of chapter 95-184 affects the gain-time statute, the major 1995 amendment to that statute, section 944.275, occurred in chapter 95-294, which Heggs did not address
Summary of this case from Baez v. StateOpinion
No. 2D00-2309.
Opinion filed July 12, 2000.
Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Sarasota County; Stephen L. Dakan, Judge.
Thomas Clements, pro se.
We affirm the trial court's order denying relief to Thomas Clements on his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Mr. Clements received a thirty-year term of imprisonment as a habitual offender for a sexual battery. This offense apparently occurred during the Heggs window. See Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000). Mr. Clements does not claim that he is entitled to resentencing on this sentence. Instead, he claims that he is now entitled to more gain time than he has previously received.
We take no position on the merits of this claim. We agree with the trial court, however, that this claim must first be presented administratively to the Department of Corrections. If the prisoner is not satisfied with the ruling of the Department, he can then file a petition for mandamus with the appropriate circuit court. See Newsome v. Singletary, 637 So.2d 9, 11 (Fla. 2d DCA 1994).
Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000), declared chapter 95-184, Laws of Florida, unconstitutional in its entirety. Section 26 of that chapter affects the gain-time statute. See § 944.275, Fla. Stat. (1995). We note, however, that the major 1995 amendment to section 944.275 occurred in the "Stop Turning Out Prisoners Act," in chapter 95-294, Laws of Florida, which is not addressed in Heggs.
Affirmed.
WHATLEY and SALCINES, JJ., Concur.