ANTHONY SCOTT GRIMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's motion to challenge the Department of Corrections' calculation of credit for time served was properly denied because it did not comply with Fla.R.Crim.P. 3.800, and the appropriate remedy is a petition for writ of mandamus after exhausting administrative remedies.
A motion challenging the Department of Corrections' calculation of credit for time served must comply with Fla.R.Crim.P. 3.800 by challenging the judgment or sentence, and if it does not, the proper remedy is a petition for writ of mandamus.
[1] A motion challenging the Department of Corrections' calculation of credit for time served must comply with Fla.R.Crim.P. …
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Join FLexlaw to unlock all legal intelligenceGrimes appealed the trial court's denial of his motion to allow credit for time served, in which he challenged the Department of Corrections' calculat…
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PER CURIAM.
Grimes appeals the trial court’s denial of his “Motion to Allow Credit for Time Served” in which he challenged the Department of Corrections’ calculation of credit for time served and requested that the court direct the Department to credit appellant with 1,217 days of time served. The trial court denied the motion stating that it was the task of the Florida Department of Corrections to calculate that credit. This appeal was filed pursuant to Fla.R.Crim.P. 3.800. Appellant argues that he is entitled to full credit pursuant to State v. Green, 547 So. 2d 925 (Fla. 1989), because, having served the incarcera-tive portion of his split sentence, he is entitled to full credit for time served, including gain time, at resentencing after violation of probation.
Appellant’s motion does not challenge either the judgment or sentence imposed by the trial court as required by Rule 3.800. In fact the record demonstrates that the court appropriately ordered appellant be awarded credit for all time previously served in the Department of Corrections. The merits of appellant’s claim, therefore, may not be addressed because appellant has not properly invoked the authority of this court. Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991); Riddell v. State, 534 So. 2d 907 (Fla. 1st DCA 1988). Petition for writ of mandamus is the appropriate course of action in such cases. Id.
We therefore remand this case for the court to treat the motion as a petition for writ of mandamus and at that time to determine whether appellant has exhausted available administrative remedies.
BOOTH, MINER and MICKLE, JJ., concur.
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Dep't of Corr. v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997)…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. 2d 35 (Fla. 5th DCA 1995); Grimes v. State, 657 So. 2d 938 (Fla. 1st DCA 1995). Conversely, a claim for presentence jail time credit is a matter for the trial court as a request for such credit affects the legality of the sentence. See Henderson; Reynolds. See also § 921.16i(l), Fla. Stat. (1995); Brown. Th…
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Genorval Slay v. Singletary, 676 So. 2d 456 (Fla. 1st DCA 1996)…e to afford appropriate credit under Green, and has indicated that when the Department of Corrections fails to apply Green credit in such a circumstance, the appropriate remedy is to seek extraordinary relief against the department. Grimes v. State, 657 So. 2d 938 (Fla. 1st DCA 1995). Consistent with this conclusion, our sister court has specifically interpreted such a sentencing provision as allowing the defendant credit for time actually served as well as earned gain-time to which an entitlement exists und…
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Grogin v. State, 993 So. 2d 133 (Fla. 4th DCA 2008)…PER CURIAM. Affirmed. However, our affirmance is without prejudice to appellant seeking administrative remedies with the Department of Corrections, if he seeks to challenge the department’s calculation of prison credit. See Grimes v. State, 657 So. 2d 938 (Fla. 1st DCA 1995). POLEN, TAYLOR and MAY, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991)
- Riddell v. State, 534 So. 2d 907 (Fla. 1st DCA 1988)