VIRGEL NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court properly dismissed appellant's motion for jail credit for time served prior to probation revocation, as the statute requires the Department of Corrections to compute such credit and disputes must be resolved through administrative complaint or mandamus petition.
A trial court properly dismisses a motion for jail credit for time served before probation revocation when the statute assigns computation of such credit to the Department of Corrections.
[1] When a trial court revokes probation and recommits an offender, the Department of Corrections has statutory authority to compute and apply jail credit for time served on…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The court shall determine the amount of jail-time credit to be awarded for time served between the date of arrest as a violator and the date of recommitment, and shall direct the Department of Corrections to compute and apply credit for all other time served previously on the prior sentence for the offense for which the offender is being recommitted.”
Statutory requirement under § 921.0017, Fla. Stat. (1997) regarding jail credit after probation revocation.
Nelson's probation was revoked and he was recommitted. He sought jail credit for time served prior to being placed on probation.…
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PER CURIAM.
The trial court’s order dismissing appellant’s motion for jail credit for time served prior to being placed on probation is affirmed.
After revocation of probation,
[t]he court shall determine the amount of jail-time credit to be awarded for time served between the date of arrest as a violator and the date of recommitment, and shall direct the Department of Corrections to compute and apply credit for all other time served previously on the prior sentence for the offense for which the offender is being recommitted.
§ 921.0017, Fla. Stat. (1997) (emphasis added).
Appellant’s motion acknowledged that the trial court ordered credit for the time he spent in jail after violating probation until recommitment. If appellant has a dispute with the amount of credit for other time served, as calculated by the Depart- merit, his remedy lies "with the Department, which has the authority to consider complaints concerning miscalculations of credit for time served. If he does not obtain such administrative relief, his remedy then is to file a petition for writ of mandamus in the circuit court located where he is incarcerated. See Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001). This affirmance is without prejudice to his doing so.
KLEIN, SHAHOOD and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Spaulding v. State, 820 So. 2d 1031 (Fla. 4th DCA 2002)…is our affir-mance, without prejudice to appellant seeking administrative relief from the Department of Corrections and, if necessary, filing a petition for writ of mandamus in the circuit court located where he is incarcerated. See Nelson v. State, 816 So. 2d 1174 (Fla. 4th DCA 2002). STONE, STEVENSON and TAYLOR, JJ., concur. . We reject appellant’s argument that the fact that he was twice placed on probation prior to the last revocation of probation, having accrued jail time credit prior to each such pl…
Authorities Cited
- Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001)