ANTONIO L. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court’s summary denial of Appellant’s rule 3.800(a) motion to allow for jail time credit already ordered by the trial court pursuant to his negotiated guilty plea, but with which the Department of Corrections apparently has refused to credit him. Any complaint Appellant has concerning how the Department interprets his sentences must be addressed by filing an administrative complaint with the department, and then, if necessary, by filing a petition for writ of mandamus against the Department in the circuit court where he is incarcerated. See Taylor v. State, 677 So. 2d 75 (Fla. 4th DCA 1996); Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990); Green v. State, 698 So. 2d 575, 576 (Fla. 5th DCA 1997), cause dismissed, 705 So. 2d 901 (Fla.1997). Our affirmance is without prejudice to his doing so.
DELL, STONE, and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)…ict Court of Appeal are mixed. See, e.g., Mattern v. State, 829 So. 2d 937, 937 (Fla. 4th DCA 2002) (stating that venue lies in the county where the prisoner is housed); Burks v. State, 789 So. 2d 430, 430 (Fla. 4th DCA 2001) (same); Smith v. State, 785 So. 2d 1237, 1237 (Fla. 4th DCA 2001) (same); but see Harris v. State, 713 So. 2d 1106, 1106 (Fla. 4th DCA 1998) (stating that venue lies in Leon County). And the decisions of the Fifth District Court of Appeal are mixed. See, e.g., Bush v. State, 886 So. 2d 33…
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Cunningham v. State, 932 So. 2d 1202 (Fla. 4th DCA 2006)…order correcting, modifying, or altering the sentence originally imposed. Thus, appellant must challenge the DOC’s interpretation of the sentence. To [*1204] do so, appellant must first seek his administrative remedies. See generally Smith v. State, 785 So. 2d 1237, 1237 (Fla. 4th DCA 2001) (“Any complaint Appellant has concerning how the Department interprets his sentences must be addressed by filing an administrative complaint with the [Department, and then, if necessary, by filing a petition for writ of man…
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Grace v. State, 920 So. 2d 719 (Fla. 4th DCA 2006)…ejudice to his seeking mandamus or habeas relief from the appropriate circuit court if necessary after he has exhausted his administrative remedies with the Department. See Thomas v. State, 828 So. 2d 1045 (Fla. 4th DCA 2002); [*720] Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001); see also Key v. State, 874 So. 2d 694 (Fla. 4th DCA 2004) (citing Johnson v. Fla. Parole Comm’n, 841 So. 2d 615, 617 (Fla. 1st DCA 2003), for the proposition that a mandamus petition is filed in the circuit where the agency is h…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Forney v. State, 567 So. 2d 60 (Fla. 4th DCA 1990)
- Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990)
- Green v. State, 698 So. 2d 575 (Fla. 5th DCA 1997)
- Taylor v. State, 677 So. 2d 75 (Fla. 4th DCA 1996)