DAVID LEE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1998-01-27
No. 97-3368
MICKLE and LAWRENCE, JJ., concur., KAHN, J., concurs in result with opinion.
706 So. 2d 356 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 2 cases
Topics
First Degree Felony Split Sentence Administrative Remedies Statutory Maximum Sentence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant challenges an order denying his 3.800(a) motion, alleging that because he was not given credit for time served in prison during the incarcerative portion of his split sentence towards his newly-imposed prison sentence of 22 years for violating probation, his sentence is illegal in that it exceeds the 30-year statutory maximum for a first-degree felony. Because the record indicates appellant was given prison credit for time served, and therefore his sentence does not exceed the statutory maximum, we affirm. However, our affirmance is without prejudice to seek administrative remedies with the Department of Corrections, if he wishes to challenge the department’s calculation of such credit. See Grimes v. State, 657 So. 2d 938 (Fla. 1st DCA 1995); Riddell v. State, 534 So. 2d 907 (Fla. 1st DCA 1988).

MICKLE and LAWRENCE, JJ., concur. KAHN, J., concurs in result with opinion.

Concurrence
KAHN, Judge,

KAHN, Judge,

concurring.

I concur in the result in this case. I would not, however, issue an advisory opinion con cerning appellant’s right to seek administrative remedies. Nothing before us suggests any error by the Department of Corrections in calculating appellant’s credit for time served.

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Cited By

  • Reeves v. State, 987 So. 2d 779 (Fla. 3d DCA 2008)
    …orrect credit for time served, gain time, or provisional release credit in case numbers 90-11502, 90-11504, and 90-40526, he must first exhaust his administrative remedies. See Milne v. State, 807 So. 2d 725, 726 (Fla. 4th DCA 2002); Smith v. State, 706 So. 2d 356 (Fla. 1st DCA 1998). If the defendant is unsuccessful, he may file a motion in the circuit court of Miami-Dade County pursuant to Florida Rule of Criminal Procedure 3.800 to address his entitlement to any additional credit for time served in the cou…

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