RICHMOND V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 ** KAREN E. RICHMOND, ** Appellant, ** vs. CASE NO. 3D04-1415 ** THE STATE OF FLORIDA, ** Appellee. ** LOWER TRIBUNAL NO. 01-25493 01-25813 02-17108 Opinion filed July 14, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, H. Leyte-Vidal, Judge. Karen Richmond, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ. PER CURIAM. Karen E. Richmond appeals an order denying her motion to correct illegal sentence under Florida Rule of Criminal Procedure Richmond 3.800(a). argues scoresheet, or for that To the extent that defendant-appellant correction of the she be re-scored should sentencing on guidelines a different scoresheet, we affirm the order denying relief on authority of Richmond v. State, 867 So. 2d 449 (Fla. 3d DCA 2004). The defendant argues that she is not being awarded the correct amount of gain time under the gain time statute. generally § 944.275, Fla. Stat. (2003). Under See established precedent, the defendant must first exhaust her administrative remedies within judicial review. the Department of Corrections before seeking See Profitt v. State, 789 So. 2d 1194, 1196 (Fla. 4th DCA 2001); Harris v. State, 713 So. 2d 1106, 1106 (Fla. 4th DCA 1998). Affirmed. 2

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