MARCUS TARRAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tarrand appeals from the trial court’s denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), for jail time credit. He alleges the trial court properly awarded him 129 days of jail time credit, but that the Department of Corrections is only crediting him with 43 days. We affirm.
As the trial court properly noted, Tar-rand has not availed himself of the administrative inmate grievance procedure established by the Department of Corrections. Only after he has exhausted his administrative remedy can he seek a remedy in the circuit court and, in that event, by filing petition for mandamus. See Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996); Under the circumstances, our affirmance is without prejudice to seek an administrative remedy.
AFFIRMED.
GRIFFIN and PLEUS, JJ., concur.
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Gaynor v. State, 831 So. 2d 1246 (Fla. 5th DCA 2002)…strative remedies, and then by petition for writ of mandamus in the circuit court. Accordingly, the defendant must seek relief on his gain time claim by pursuing his administrative remedies within the Department of Corrections. See Tarrand v. State, 809 So. 2d 66 (Fla. 5th DCA 2002) (holding that rule 3.800(a) is not proper remedy where defendant raises issue which should be pursued through administrative remedies); Bryant v. State, 744 So. 2d 550 (Fla. 1st DCA 1999) (affirming the denial of a rule 3.800(a)…
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Smith v. State, 902 So. 2d 351 (Fla. 5th DCA 2005)…resheet, or a sentence that does not grant proper credit for time served prior to sentencing, it is not available to address post-sentencing jail credit or gain time issues. See Gaynor v. State, 831 So. 2d 1246 (Fla. 5th DCA 2002); Tarrand v. State, 809 So. 2d 66 (Fla. 5th DCA 2002). See also Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983). Second, the motion filed in the trial court and the documents filed in this appeal are legally insufficient. There is no explanation, for example, of why Mr. Smith sp…
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Bolton v. State, 827 So. 2d 363 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See Tarrand v. State, 809 So. 2d 66 (Fla. 5th DCA 2002). HARRIS, PETERSON and PALMER, JJ., concur.…
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- Detrich Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996)