CHARLES E. ROOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1193] PER CURIAM.
Appellant seeks review of an order denying his motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. It appears that appellant’s real complaint is with the Department of Corrections, which he alleges refused to give him the full 5 years and 32 days of jail and prison credit specified in the judgment and sentence imposed for violation of probation. “[T]he Department [of Corrections] does not have the authority to review and reject a trial court’s specific award of credit.” Hall v. Moore, 111 So. 2d 1105, 1106 (Fla. 1st DCA 2001). To remedy this apparent error on the part of the Department of Corrections, however, appellant must exhaust available administrative remedies. If that proves unsuccessful, he may then file in the circuit court a petition seeking a writ of mandamus to compel the Department to credit him with the full amount of jail and prison time awarded by the trial court. Bedford v. State, 775 So. 2d 402 (Fla. 4th DCA 2000). Accordingly, the order denying appellant’s motion seeking postconviction relief is affirmed, without prejudice to appellant’s right to pursue his complaint against the Department of Corrections administratively.
AFFIRMED.
WEBSTER, BROWNING and POLSTON, JJ., concur.
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Canete v. Fla. Dep't OF Corr., 967 So. 2d 412 (Fla. 1st DCA 2007)…remedies. See, e.g., Pugh v. State, 954 So. 2d 1254 (Fla. 4th DCA 2007); Borroto v. State, 943 So. 2d 240 (Fla. 3d DCA 2006); Thomas v. State, 828 So. 2d 1045 (Fla. 4th DCA 2002); Verrone v. State, 797 So. 2d 613 (Fla. 1st DCA 2001); Rood v. State, 790 So. 2d 1192 (Fla. 1st DCA 2001).3 In short, Canete’s claim for mandamus relief did not become ripe for judicial review until the administrative grievance process was exhausted, and because he invoked the circuit court’s jurisdiction well within one year of that…
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Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)…ence should be raised through the appropriate administrative remedies with the Department of Corrections. Accordingly, we affirm the order of the trial court without prejudice to any right Armstrong may have to seek such remedies. See Rood v. State, 790 So. 2d 1192 (Fla. 1st DCA 2001). Affirmed. FULMER and VILLANTI, JJ., concur.…
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Newman v. State, 866 So. 2d 751 (Fla. 5th DCA 2004)…in prison prior to his violation of probation. The assistant state attorney candidly advised the trial court that Newman was entitled to that credit, but the trial court denied relief reasoning that Newman’s claim was premature citing Rood v. State, 790 So. 2d 1192 (Fla. 1st DCA 2001). Rood held' that when the Department of Corrections fails to credit a prisoner with prison time awarded by the trial court, the prisoner must first exhaust the available administrative remedies and then, if necessary, file a peti…
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- Bedford v. State, 775 So. 2d 402 (Fla. 4th DCA 2000)