ELIJAH BOWLES, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A motion seeking credit for time served after sentencing is not properly before the trial court and must be addressed through administrative proceedings or a petition for mandamus.
The appellant filed a motion seeking credit for time served, complaining that the Department of Corrections awarded him less credit than the judge ini…
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GOSHORN, Judge.
Elijah Bowles, III appeals the summary denial of his rule 3.800 motion. We affirm.
Bowles’ pro se motion seeking credit for time served is disjointed and not easily understood; however, he appears to complain that although the judge awarded him 617 days’ credit for time served, the Department of Corrections informed him he was only entitled to 40 days’ credit. If in fact that is his complaint, we note that an award of credit after sentencing is a matter for the Department of Corrections. See Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991) (holding the request in a rule 3.800(a) motion after sentencing did not impact the legality of the sentence, and thus was not properly before the trial court); Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983) (finding that issue of appellant’s right to post sentencing jail time credit may not be raised on direct appeal by attacking judgment and sentence because appellant’s right to post sentencing credit for time served is not properly before the trial court).
Bowles’ entitlement to relief, if any, is properly sought through administrative proceedings, and, if necessary, by filing a petition for mandamus naming the Department of Corrections as respondent. See Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990); Brown, 427 So. 2d at 822.
AFFIRMED.
DIAMANTIS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995)…ns.2 A trial court may grant mandamus relief if it determines that the award of credit by the Department of Corrections does not conform to the sentencing order and that defendant has exhausted the available administrative remedies. Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994); Riddell v. State, 534 So. 2d 907 (Fla. 1st DCA 1988). Affirmed. . We invite the attention of the Department of Corrections to the sentencing order in circuit court case no. 92-19156. . Venue for such a mandamus proceeding is…
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Dep't of Corr. v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997)…plan, 660 So. 2d 781 (Fla. 4th DCA 1995). The reason for this is that an award of credit after sentencing is a matter for DOC rather than the trial court as a request for such credit does not affect the legality of the sentence. See Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994); Henderson v. State, 632 So. 2d 653 (Fla. 5th DCA 1994); Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991); Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983). See also § 921.161(2), Fla. Stat. (1995); Bland v. State, 664 So.…
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Detrich Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996)…forth in Chapter 33-29, Florida Administrative Code, followed by, if necessary, the filing of a petition for mandamus naming the Department [*874] of Corrections as respondent. See Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995); Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994). Our affirmance on this issue is therefore without prejudice to Williams to seek relief through administrative proceedings. Williams’ second claim for relief, that he should have been sentenced under the 1994 sentencing guideli…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Forney v. State, 567 So. 2d 60 (Fla. 4th DCA 1990)
- Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990)
- Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991)
- Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983)