McConnaughy v. State
| Decision Date | 13 December 1996 |
| Docket Number | No. 96-3189,96-3189 |
| Citation | 684 So.2d 851 |
| Parties | 21 Fla. L. Weekly D2638 Mathew P. McCONNAUGHY, Appellant, v. STATE of Florida, Appellee. Fifth District |
| Court | Florida District Court of Appeals |
Mathew P. McConnaughy, Polk City, Pro se.
No Appearance for Appellee.
Mathew P. McConnaughy timely appeals the trial court's order summarily denying his Rule 3.850 motion, which alleges two claims of involuntariness of plea. The trial court denied his motion on the basis that it was untimely for purposes of Rule 3.850. We affirm, but not for the reason stated by the trial court, as will be explained.
McConnaughy in his first claim alleges that on October 9, 1990, he entered a plea of no contest to first-degree murder and sexual battery based on his understanding that under the terms of the plea bargain he would be eligible for gain-time. He complains that his plea has been subsequently rendered involuntary due to the subsequent amendment to "Chapter 33-11 F.A.C." under which he is no longer eligible to receive incentive gain-time. We note that the supreme court's recent opinion in Gwong v. Singletary, 683 So.2d 109 (Fla. 1996), a mandamus proceeding, appears to support his claim. Gwong concluded that the recent amendment by the Department of Corrections to Florida Administrative Code Rule 33-11.0065 violated the constitutional prohibition against ex post facto laws because it applied to a class of inmates who committed their offenses before the effective date of the statute and it enhanced the measure of punishment by eliminating the ability of certain inmates to earn incentive gain-time.
We conclude that McConnaughy is not entitled to relief under Rule 3.850, but not for the reason stated by the court. It is clear from McConnaughy's motion that his complaint does not lie with the trial court or with trial counsel, but rather concerns the amendment of an administrative rule that allegedly has the effect of denying him incentive gain-time. Instead, he should first pursue his administrative remedies and then, if necessary, file a petition for writ of mandamus against the Department of Corrections in the circuit court. See, e.g., King v. State, 665 So.2d 377 (Fla. 4th DCA 1996). Accordingly, we affirm without prejudice on this issue.
McConnaughy in his second claim argues that his plea has been rendered involuntary due to the passing of legislation that requires prisoners to reimburse the state for the cost of their confinement. The statutory...
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Hatchett v. State
...unforfeited gain time is DOC's fault, so proper remedy is administrative complaint, then mandamus in trial court); McConnaughy v. State, 684 So.2d 851 (Fla. 5th DCA 1996) (prisoner claiming DOC had erroneously applied new regulation to deny gain time award must first pursue this administrat......
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Alexander v. State, 97-0732
...without prejudice to his pursuing those avenues of relief. See Howard v. State, 688 So.2d 992 (Fla. 1st DCA 1997); McConnaughy v. State, 684 So.2d 851 (Fla. 5th DCA 1996). See Washington v. State, 683 So.2d 215 (Fla. 4th DCA 1996). AFFIRMED. GUNTHER, FARMER and GROSS, JJ., concur. ...
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Howard v. State, 96-3326
...incentive gain time. We affirm as this claim does not state a claim cognizable in a postconviction proceeding. See McConnaughy v. State, 684 So.2d 851 (Fla. 5th DCA 1996); Washington v. State, 683 So.2d 215 (Fla. 4th DCA 1996). Our affirmance is without prejudice to Howard seeking mandamus ......