NORMAN LORENZO BARBER, A/K/A NORMAN L. BARBER, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in denying the motion for credit for jail time without prejudice because the sentencing orders were correct.
The defendant sought post-conviction relief for credit for time served. The sentencing orders in two cases correctly awarded specific days of credit.…
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PER CURIAM.
Norman Lorenzo Barber filed a motion for post conviction relief seeking credit for time served prior to conviction. The lower court denied the request without prejudice and this appeal followed.
The sentencing order in circuit court case no. 92-19156 indicates that the defendant was awarded 121 days credit for time served. The sentencing order in circuit court case no. 92-14144 reflects that the defendant has been awarded 58 days credit for time served. Both sentencing orders are correct. See Stevens v. State, 651 So. 2d 1298 (Fla. 5th DCA 1995). Since the trial court had already correctly calculated the credit for time served and made correct awards on the sentencing orders in the two eases, no further judicial action was needed by the trial court. Accordingly there was no error in the trial court’s denial of the motion for credit for jail time without prejudice.
Defendant asserts, however, that the Department of Corrections has acted inconsistently with the sentencing order and only granted 58 days credit in both cases.1 Our affirmance is without prejudice to defendant to seek relief through the Inmate Grievance Procedure, Fla.Admin.Code eh. 83-29, and if that remedy is unsuccessful, to file a petition for writ of mandamus directed to the Department of Corrections.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 in the circuit court in Tallahassee, Leon County, Florida. See Singletary v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992); Dugger v. Grooms, 582 So. 2d 136 (Fla. 1st DCA 1991).
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Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)…prisoner is housed); Eastman v. State, 883 So. 2d 889, 890 (Fla. 2d DCA 2004) (same). The Third District Court of Appeal has stated that venue lies in Leon County. See, e.g., Salazar v. State, 892 So. 2d 545, 547 (Fla. 3d DCA 2005); Barber v. State, 661 So. 2d 355, 356 n. 2 (Fla. 3d DCA 1995). The decisions of the Fourth District Court of Appeal are mixed. See, e.g., Mattern v. State, 829 So. 2d 937, 937 (Fla. 4th DCA 2002) (stating that venue lies in the county where the prisoner is housed); Burks v. State,…
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Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004)…mmediate release, a petition for writ of mandamus is filed in the county where the Department of Corrections is headquartered. Stovall v. Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003); Harris v. State, 713 So. 2d 1106 (Fla. 4th DCA 1998); Barber v. State, 661 So. 2d 355, 356 n. 2 (Fla. 3d DCA 1995); Singletaiy v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992); Curry v. Wainwright, 419 So. 2d 744 (Fla. 5th DCA 1982). See generally, Dickinson v. Florida Nat. Organization for Women, Inc., 763 So. 2d 1245 (Fla. 4th DCA 200…
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Stovall v. Sergeant William Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003)…rth, and Fifth Districts have stated that venue for a mandamus proceeding seeking an award of gain time is in the circuit court in Leon County under the home venue privilege. See Harris v. State, 713 So. 2d 1106 (Fla. 4th DCA 1998); Barber v. State, 661 So. 2d 355, 356 n. 2 (Fla. 3d DCA 1995); Singletary v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992); Curry v. Wainwright, 419 So. 2d 744 (Fla. 5th DCA 1982). But see Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003) (holding that the remedy for a defendant who…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994)
- Stevens v. State, 651 So. 2d 1298 (Fla. 5th DCA 1995)
- Riddell v. State, 534 So. 2d 907 (Fla. 1st DCA 1988)
- Dugger v. Grooms, 582 So. 2d 136 (Fla. 1st DCA 1991)
- Broida v. In re Est. OF Ann Horowitz, 602 So. 2d 969 (Fla. 3d DCA 1992)
- Singletary v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992)