LINCOLN GARCIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant must exhaust administrative remedies for post-sentencing jail time credit, but pre-sentencing credit requires further review as the record does not conclusively refute the claim.
Lincoln Garcia appealed an order denying his motion for additional jail time credit. The motion requested credit for time served both before and after…
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PER CURIAM.
Lincoln Garcia appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a), requesting credit for additional jail time served. It appears that the motion requests additional credit for time served both before and after sentencing.
To the extent that the motion requests credit for time served after sentencing, the order denying relief is affirmed without prejudice to the defendant to raise that issue with the Department of Corrections. See Hidalgo v. State, 729 So. 2d 984, 987, 24 Fla. L. Weekly D776, D778 (Fla. 3d DCA 1999). Defendant-appellant Garcia must first exhaust his administrative remedies within the Department of Corrections prior to seeking judicial relief. See id.
With respect to defendant’s request for credit for jail time served prior to sentencing, we reverse and remand for further consideration in light of this court’s recent decision in Hidalgo. See id. at D777, 729 So. 2d at 986. Under our standard of review of an order summarily denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a) or 3.850, “unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing.” Fla. R.App. P. 9.140(i). As the record does not conclusively refute defendant’s claim, the order is reversed with respect to the claim for credit for time served prior to sentencing, and the cause remanded for further proceedings consistent herewith. Affirmed in part, reversed in part, and remanded.
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Ramos v. State, 823 So. 2d 265 (Fla. 3d DCA 2002)…n the holding that the defendant must pursue administrative remedies in the Department of Corrections prior to seeking court relief. As the State agrees, however, this rule applies only to claims to time served after sentencing. See Garcia v. State, 736 So. 2d 1224 (Fla. 3d DCA 1999); Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999). The cause is remanded for an appropriate hearing on the appellant’s motion at which he may prevail if “the court records demonstrate on their face an entitlement to relief.” St…
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Mac W. Stuart v. State, 771 So. 2d 1252 (Fla. 3d DCA 2000)…he prisoner perceives as a jail time credit mistake relating to time served after sentencing, the prisoner must first pursue his/her complaint through the administrative procedures available within the Department of Corrections. See Garcia v. State, 736 So. 2d 1224 (Fla. 3d DCA 1999); Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999). Because Stuart did not pursue administrative remedies with respect to the claimed problem with jail time credit for periods other than the March 7, 2000-April 12, 2000 period,…
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Vasquez v. State, 829 So. 2d 341 (Fla. 3d DCA 2002)…the ground that required administrative remedies had not been pursued. As the state again agrees, however, such action is required only as to claims to time served post-sentencing. Ramos v. State, 823 So. 2d 265 (Fla. 3d DCA 2002); Garcia v. State, 736 So. 2d 1224 (Fla. 3d DCA 1999). The order is therefore reversed and remanded for an appropriate hearing on the appellant’s motion at which he may prevail if “the court records demonstrate on their face an entitlement to relief.” State v. Mancino, 714 So. 2d 429…
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- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)