THOMAS C. MADDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Administrative Proceedings cases and more on FLexlaw
PER CURIAM.
Appellant, an inmate in the state correctional system, seeks review of an order denying a motion filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. In that motion, appellant alleged that his sentence was illegal because, upon his return to prison for violation of probation, the Department of Corrections had awarded him less credit for time previously served than he was entitled to by law. He did not allege that the supposed failure to award the credit to which he was legally entitled was attributable to any error in the wording of his sentence.
Because the issue raised by appellant is not cognizable pursuant to rule 3.800(a), we affirm. However, we do so without prejudice to appellant’s right to seek relief in an appropriate administrative proceeding. See Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994).
AFFIRMED.
WEBSTER, MICKLE and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ned Bland v. State, 664 So. 2d 35 (Fla. 5th DCA 1995)…ect for a rule 3.800(a) proceeding. Bland’s proper course should be to address this problem through an administrative hearing, or if necessary, through a mandamus proceeding. See Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994); Madden v. State, 651 So. 2d 249 (Fla. 1st DCA 1995). AFFIRMED. HARRIS and THOMPSON, JJ., concur. . In 1988, Bland was sentenced to seven years incarceration followed by one year probation. Bland served 470 days and was released from prison. After he violated his probation,…
-
Madden v. State, 751 So. 2d 142 (Fla. 1st DCA 2000)…PER CURIAM. This appeal from a denial of a 3.800(a) motion is barred by the law of the case doctrine. See Madden v. State, 651 So. 2d 249 (Fla. 1st DCA 1995); see also Canty v. State, 715 So. 2d 1033 (Fla. 1st DCA 1998); Raley v. State, 675 So. 2d 170, 173 (Fla. 5th DCA 1996). AFFIRMED. BOOTH, MINER, and KAHN, JJ„ CONCUR.…
Authorities Cited
- Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994)