CHRISTOPHER WILBON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CHRISTOPHER WILBON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
752 So. 2d 1246
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Christopher Wilbon appeals from the trial court’s denial of his 3.800 motion rais ing several issues regarding credit for time served. We affirm the denial of the motion finding that the issues raised lack merit, but note that the issue of credit for post-sentencing jail credit is one that should be raised through the administrative procedures of the Department of Corrections. See § 921.161, Fla. Stat. (1999); Kennedy v. State, 750 So. 2d 134 (Fla. 2d DCA2000).
Affirmed.
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Martino v. State, 759 So. 2d 727 (Fla. 5th DCA 2000)…nviction relief? The supreme court did not discuss this issue. However, two of our sister courts have found that the issue is properly raised in a post-conviction proceeding. See Battle v. State, 755 So. 2d 731 (Fla. 4th DCA 2000); Ramirez v. State, 752 So. 2d 1246 (Fla. 3d DCA 2000). We choose to follow those decisions. Our decision is buttressed by an analysis of Freshman v. State, 730 So. 2d 351 (Fla. 4th DCA 1999) which con- [*728] eluded that a defendant was entitled to Rule 3.800(a) relief when he receiv…
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Rivera v. State, 758 So. 2d 1270 (Fla. 3d DCA 2000)…So. 2d 620 (Fla.2000), we remand with directions that the petitioner be resentenced pursuant to the guidelines which were valid at the time that he committed the offenses. See also Gomez v. State, 756 So. 2d 259 (Fla. 3d DCA 2000); Ramirez v. State, 752 So. 2d 1246 (Fla. 3d DCA 2000); Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000).…
Authorities Cited
- Kennedy v. State, 750 So. 2d 134 (Fla. 2d DCA 2000)