MARK BOSTROM, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1999-06-11
No. 99-989
GRIFFIN, C.J., GOSHORN and PETERSON, JJ., concur.
732 So. 2d 1228 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Mark Bostrom petitions this court for a writ of habeas corpus. Bostrom claims that he was released from custody through no fault of his own and is entitled to credit for the period he should have been serving time in the Department of Corrections. We agree with the State that Bostrom is seeking post-sentence credit which is the responsibility of the Department of Corrections to administer. He must exhaust administrative remedies available to him before he seeks relief from this court.

The petition is dismissed without prejudice to refile after he has exhausted his administrative remedies.

PETITION DISMISSED WITHOUT PREJUDICE.

GRIFFIN, C.J., GOSHORN and PETERSON, JJ., concur.


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  • State v. A.M., 765 So. 2d 927 (Fla. 2d DCA 2000)
    …h the State that pursuant to the October 1997 amendment to section 790.115,1 any “knife,” which we read to include even a “common pocketknife,” is prohibited on school grounds. See A.B. v. State, 757 So. 2d 1241 (Fla. 4th DCA 2000); C.A.J. v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999) (Dauksch, J., concurring). Because this statute was in effect at the time of the offense, the trial court erred in granting the motion to dismiss. Accordingly, we reverse the order granting the motion to dismiss and remand to th…
  • State v. Mendiola, 919 So. 2d 471 (Fla. 3d DCA 2005)
    …as to matters which arise after the sentence has begun; only the Department of Corrections has that authority. See Leiffer v. State, 867 So. 2d 538, 538 n. 1 (Fla. 5th DCA 2004); Cordova v. State, 855 So. 2d 216 (Fla. 3d DCA 2003); Bostrom v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999); Reynolds, 590 So. 2d at 1044. But see Hester, 730 So. 2d at 748; Jones, 676 So. 2d at 84; Carson, 489 So. 2d at 1238. Although it is ordinarily preferable to avoid legal “churning,” State v. Rucker, 613 So. 2d 460, 462 (Fla.199…
  • A.B. v. State, 757 So. 2d 1241 (Fla. 4th DCA 2000)
    …790.115(2)(a), which became effective in 1997, it knew how to do so, as exemplified by the previously existing definition of weapon contained in section 790.001(13). As Judge Dauksch explained in his specially concurring opinion in C.A.J. v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999): The question in this appeal is whether a person may lawfully possess a common pocketknife on school property, or at a school bus stop. The answer is no, unless “as authorized in school sanctioned activities.” § 790.115(2)(a). T…

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