Legal Opinion
Smith v. State
District Court of Appeal of Florida
Decided May 27, 2005No. 5D05-992PublishedCited by 2 opinions
1Opinion of the Court
902 So.2d 351 (2005)
Patrick SMITH, Appellant,
v.
STATE of Florida, Appellee.
No. 5D05-992.
District Court of Appeal of Florida, Fifth District.
May 27, 2005.
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…
2Cases cited4 opinions
- Brown v. StateDistrict Court of Appeal of Florida · 1983
- Tarrand v. StateDistrict Court of Appeal of Florida · 2002
- Gaynor v. StateDistrict Court of Appeal of Florida · 2002
- Polk v. StateDistrict Court of Appeal of Florida · 2005
3Cited by2 opinions
- Jenkins v. StateDistrict Court of Appeal of Florida · 2008
- McCloud v. StateDistrict Court of Appeal of Florida · 2007