MILLARD WHITFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MILLARD WHITFIELD, APPELLANT,
STATE OF FLORIDA, APPELLEE
409 So. 2d 1161
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
The appealed order denying appellant’s motion to correct an illegal sentence is reversed and remanded to the lower court with directions to grant appellant’s motion and resentenee appellant as a youthful offender under Section 958.05, Florida Statr utes (1979) as mandated by the Florida Supreme Court in State v. Goodson, 403 So. 2d 1337 (Fla.1981).
REVERSED and REMANDED.
BOOTH, SHIVERS and JOANOS, JJ., concur.
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Curry v. Louie L. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982)…the 1975 statutes, we find that Curry has neither shown that his gain time is not being calculated under the 1975 statutes, nor alleged and shown exhaustion of his administrative remedies under Fla. Admin.Code Rule 33-3.07. See Morris v. Wainwright, 409 So. 2d 1161 (Fla. 1st DCA 1982). We therefore deny the petition as to this claim. Second, as regards his claim that he is not receiving credit on his sentence for time spent incarcerated in Maryland, during which time Florida had a de-tainer lodged against him,…
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Jackson v. Parkhouse, 826 So. 2d 478 (Fla. 1st DCA 2002)…e had exhausted administrative remedies. See Park v. Dugger, 548 So. 2d 1167, 1168 (Fla. 1st DCA 1989); Millard v. State, 503 So. 2d 939, 941 (Fla. 1st DCA 1987); Sawyer v. Wainwright, 422 So. 2d 1027, 1028 (Fla. 1st DCA 1982); Morris v. Wainwright, 409 So. 2d 1161, 1162 (Fla. 1st DCA 1982); Jones v. Wainwright, 298 So. 2d 542, 542-43 (Fla. 2d DCA 1974); see generally 41 FI. Jur.2d Prisons and Prisoners § 213 (“Judicial Relief; Necessity of Exhausting Administrative Remedies”). He did not meet that burden beca…
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Sutton v. Superintendent Clayton Strickland, Jr., 485 So. 2d 25 (Fla. 1st DCA 1986)…33-3.07, Florida Administrative Code. Since it does not appear from the record, nor is it alleged, that appellant utilized that procedure prior to filing his action in the trial court, we affirm the trial court’s actions. See Morris v. Wainwright, 409 So. 2d 1161 (Fla. 1st DCA 1982). We do so without prejudice to appellant’s right to seek redress under the Inmate Grievance Procedure. Ingram v. Lt. Forte, County Jail Administration, 473 So. 2d 48 (Fla. 4th DCA 1985). JOANOS and NIMMONS, JJ., concur.…
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- State v. Goodson, 403 So. 2d 1337 (Fla. 1981)