JAMES E. BATTLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in not awarding the correct amount of jail credit for one case and that other claims regarding Department of Corrections credit must be raised administratively.
Appellant sought additional jail credit, alleging he was incarcerated for more days than credited. The trial court denied his motion but attached reco…
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STRINGER, Judge.
James E. Battles appeals the summary denial of his motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, he stated the trial court awarded him 304 days of credit in lower court case number 99-14796, and fifteen days of credit in case number 99-5127. He alleged his sentences should be corrected because he was incarcerated for 319 days prior to sentencing in both cases.
The trial court denied Battles’ claim and attached a portion of the record which indicates Battles was correctly awarded 304 days of credit in case number 99-14796, but he should have received sixteen days of credit in case number 99-5127. Therefore, we reverse the trial court’s order and remand with the direction that his sentence be corrected to award him one additional day of credit in case number 99-5127. In addition, if Battles believes the records provided by the trial court are incorrect, he may assert his right to any remedy available to him under rule 3.850. See Hamilton v. State, 752 So. 2d 133 (Fla. 2d DCA 2000).
Battles also alleged in his motion that notwithstanding the trial court’s sentence, the Department of Corrections only awarded him fifteen days of credit in each case. This claim must first be raised administratively with the Department of Corrections, and if further proceedings are required, by petition for a writ of mandamus with the appropriate trial court. See Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000).
Reversed and remanded.
BLUE, C.J., and DAVIS, J., Concur.
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Gonzales v. State, 816 So. 2d 720 (Fla. 5th DCA 2002)…t out in Chapter 33-29 of the Florida Administrative Code. Thereafter, if relief is not obtained, Gonzales may file his [*723] petition for mandamus in the trial court, naming the Department of Corrections, to obtain proper credit. Battles v. State, 799 So. 2d 1098 (Fla. 2d DCA 2001). AFFIRMED, in part; Sentence VACATED as to Count Five. COBB and PALMER, JJ., concur. . § 794.011(2), Fla. Stat. (1989). . § 800.04, Fla. Stat. (1989). .§ 775.082(3)(c), Fla. Stat.…
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Hagin v. State, 875 So. 2d 732 (Fla. 2d DCA 2004)…in the computation and application of such credit, Hagin should seek relief through the administrative remedies available within the Department and then by way of petition for writ of mandamus in the appropriate circuit court. See Battles v. State, 799 So. 2d 1098 (Fla. 2d DCA 2001). Affirmed. SALCINES and SILBERMAN, JJ., Concur.…
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Wilson v. State, 829 So. 2d 300 (Fla. 2d DCA 2002)…r with the full amount of credit awarded by the trial court must first be raised administratively with the DOC and then by way of petition for writ of mandamus in the circuit court in the county in which the prisoner is housed. See Battles v. State, 799 So. 2d 1098 (Fla. 2d DCA 2001). The trial court was entirely correct in its reasoning based on the allegations in Wilson’s motions. However, the written sentence in case number 96-1809 shows that in September 2001, when he was sentenced upon revocation of his…
Authorities Cited
- Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)
- Hickey v. Dunn & Corey, 761 So. 2d 1245 (Fla. 3d DCA 2000)
- Campbell v. George Battle, M.D., 752 So. 2d 133 (Fla. 3d DCA 2000)
- Hamilton v. State, 752 So. 2d 133 (Fla. 2d DCA 2000)