Gonzalez v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT PERCY GONZALEZ, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) CASE NO. 2D04-651 Opinion filed August 13, 2004. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Anthony K. Black, Judge. COVINGTON, Judge. Percy Gonzalez challenges the order of the trial court denying his petition for writ of mandamus. In the petition, Gonzalez alleges that the Department of Corrections miscalculated his gain time and also miscalculated his release date upon his return to prison upon revocation of his conditional release. He petitions the trial court to recalculate his release date and gain time. We affirm the order of the trial court because Gonzalez did not first seek relief through the administrative remedies available within the Department. See Hagin v. State, 29 Fla. L. Weekly D1421 (Fla. 2d DCA June 11, 2004). Affirmed. SILBERMAN and VILLANTI, JJ., Concur. -2-

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