MAURICE WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Administrative Remedies cases and more on FLexlaw
W. SHARP, Judge.
We affirm the trial court’s summary denial of Washington’s Florida Rule of Criminal Procedure 3.800(a) motion to increase county jail credit applied against his five year sentence in Case No. 91-3640. The allegations of his motion are insufficient to show entitlement to additional credit. The Department of Corrections is responsible for computing Washington’s credit for time spent in county jail after sentencing, while awaiting transfers to a drug program or a state prison. See § 921.161(2), Fla.Stat. (1993). If the post-sentence credit is incorrect, Washington should pursue his administrative remedies, and then seek a writ of mandamus against the department in the circuit court, if dissatisfied with the outcome. See Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991). Our affirmance in this case is without prejudice to pursue such an administrative remedy.
AFFIRMED.
GOSHORN and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
-
Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)…or a state prison. If the postsentence credit is incorrect, [the inmate] should pursue his administrative remedies, and then seek a writ of mandamus against the department in the circuit court, if dissatisfied with the outcome. Washington v. State, 662 So. 2d 1027, 1028 (Fla. 5th DCA 1995) (citation omitted); Brown v. State, 427 So. 2d 821, 821-22 (Fla. 2d DCA 1983). We affirm the trial court’s order on this issue. VII. For the reasons stated, the order under review is affirmed in part, reversed in part, an…
-
Moreland v. State, 700 So. 2d 800 (Fla. 4th DCA 1997)…equest the credit from the Department of Corrections; after exhausting his administrative remedy, Appellant may file a petition for writ of mandamus against the Department. See Taylor v. State, 677 So. 2d 75 (Fla. 4th DCA 1996); Washington v. State, 662 So. 2d 1027 (Fla. 5th DCA 1995). We also affirm the denial as to the other relief requested as to the first count, in which Appellant was sentenced to eight years on a second degree felony, which carried a maximum sentence of fifteen years, § 775.082(3)(c). As…
-
Leiffer v. State, 867 So. 2d 538 (Fla. 5th DCA 2004)…JJ., concur. . For issues involving post-sentencing credit, a defendant must first exhaust his administrative remedies and then seek mandamus relief in the Circuit Court in Leon County, where DOC maintains its headquarters. See Washington v. State, 662 So. 2d 1027 (Fla. 5th DCA 1995); Curry v. Wainwiight, 419 So. 2d 744 (Fla. 5th DCA 1982). . See State v. McBride, 848 So. 2d 287 (Fla. 2003). . Although the trial court in the November order advised Leiffer of his right to appeal within 30 days, this informat…
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
- Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991)