BOBBIE EUGENE SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of credit for time served after sentencing but reversed and remanded for an evidentiary hearing on the defendant's claim for credit for jail time served prior to sentencing.
A defendant must exhaust administrative remedies with the Department of Corrections before seeking judicial relief for credit for time served after sentencing, but is entitled to an evidentiary hearing on a claim for credit for time served prior to sentencing when the record does not conclusively refute the claim.
[1] A defendant must exhaust administrative remedies with the Department of Corrections before seeking judicial relief for credit for time served after sentencing.
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Join FLexlaw to unlock all legal intelligenceBobbie Eugene Smith filed a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), requesting credit for time served…
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PER CURIAM.
Bobbie Eugene Smith appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). To the extent that the motion requests credit for time served after sentencing, the order denying relief is affirmed without prejudice to the defendant to raise that issue with the Department of Corrections. See Skiba v. State, 827 So. 2d 379 (Fla. 3d DCA 2002)(concluding defendant must exhaust his administrative remedies prior to seeking judicial relief); Garcia v. State, 736 So. 2d 1224 (Fla. 3d DCA 1999)(same); Hidalgo v. State, 729 So. 2d 984, 987(Fla. 3d DCA 1999)(same).
With respect to defendant’s request for credit for jail time served prior to sentencing, under our standard of review of an order summarily denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a) or 3.850, “unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing.” Fla. R.App. P. 9.141(b)(2)(D). As the record does not conclusively refute defendant’s claim, the order is reversed with respect to the claim for credit for time served prior to sentencing, and the cause remanded for further proceedings consistent herewith. See Garcia v. State, 736 So. 2d at 1224; Hidalgo, 729 So. 2d at 985.
Affirmed in part, reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)
- Lincoln Garcia v. State, 736 So. 2d 1224 (Fla. 3d DCA 1999)
- Skiba v. State, 827 So. 2d 379 (Fla. 3d DCA 2002)