RAMON RAMOS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Administrative Remedies cases and more on FLexlaw
SCHWARTZ, Chief Judge.
The defendant appeals from, and we reverse, the denial without evidentiary hearing of his application for Rule 3.800 relief which claimed that he had been improperly denied credit for time served prior to sentencing. The order below was based on the holding that the defendant must pursue administrative remedies in the Department of Corrections prior to seeking court relief. As the State agrees, however, this rule applies only to claims to time served after sentencing. See Garcia v. State, 736 So. 2d 1224 (Fla. 3d DCA 1999); Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999). The cause is remanded for an appropriate hearing on the appellant’s motion at which he may prevail if “the court records demonstrate on their face an entitlement to relief.” State v. Mancino, 714 So. 2d 429, 433 (Fla.1998); Thurman v. State, 811 So. 2d 872 (Fla. 3d DCA 2002); Garcia, 736 So. 2d at 1224.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Skiba v. State, 827 So. 2d 379 (Fla. 3d DCA 2002)…The State argues that the defendant must exhaust administrative remedies with the Department of Corrections prior to seeking court relief. This is incorrect because the defendant seeks credit for time served prior to sentencing. See Ramos v. State, 823 So. 2d 265 (Fla. 3d DCA 2002)(holding that defendant must exhaust administrative remedies in the Department of Corrections when seeking credit for time served after sentencing, not prior to sentencing); Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999). In t…
-
Vasquez v. State, 829 So. 2d 341 (Fla. 3d DCA 2002)…PER CURIAM. As in Ramos v. State, 823 So. 2d 265 (Fla. 3d DCA 2002), the trial court erroneously denied the appellant’s Rule 3.800 claim to credit for time served before sentencing on the ground that required administrative remedies had not been pursued. As the state again agrees, however, such ac…1 / 2
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)
- Lincoln Garcia v. State, 736 So. 2d 1224 (Fla. 3d DCA 1999)
- Bennie Thurman v. State, 811 So. 2d 872 (Fla. 3d DCA 2002)