EDDIE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDDIE JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
830 So. 2d 194
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
Affirmed without prejudice to file a properly pled motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Phillips v. State, 816 So. 2d 1154 (Fla. 4th DCA 2002)(holding that this type of claim would require an evidentiary hearing, and is not properly raised in a rule 3.800(a) proceeding). We certify conflict with Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002).
POLEN, C.J, SHAHOOD and MAY, JJ., concur.
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Cleveland Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003)…atisfied after exhausting his administrative remedies, then he can file a petition for writ of mandamus in the circuit court in the county in which he is incarcerated. See Jefferson v. State, 830 So. 2d 195, 197 (Fla. 4th DCA 2002); Colson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002); Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990). The county jail where appellant was incarcerated after sentencing was required, when delivering Grant to the Department, to certify in writing “[t]he date the sentence was im…
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Gillespie v. State, 910 So. 2d 322 (Fla. 5th DCA 2005)…prisonment. However, this claim deals with DOC’s interpretation of the defendant’s sentence, not the trial court’s sentence itself. Therefore, the defendant must raise this claim by seeking administrative relief through the DOC. See Colson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002); Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990). While the defendant asserts that he has “tried several times” to rectify the problem with his classification officer and DOC’s main headquarters, he fails to allege that he h…
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Cregan v. State, 884 So. 2d 127 (Fla. 4th DCA 2004)…am qualified him for credit against his subsequent sentence for violation of community control. We reverse and remand for an evidentiary hearing or record attachments conclusively showing no entitlement to relief on this claim. See Johnson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002)(certifying conflict with Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)); see also Kamerman v. State, 765 So. 2d 63 (Fla. 4th DCA 2000). In addition to certifying conflict with Toney once more, we also certify conflict with Mo…
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- Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)
- Oyebode Oyetunji v. State, 816 So. 2d 1154 (Fla. 4th DCA 2002)