REINALDO CAPIRO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Mendiola, 919 So. 2d 471 (Fla. 3d DCA 2005)
  …length or conditions of a defendant’s incarceration as to matters which arise after the sentence has begun; only the Department of Corrections has that authority. See Leiffer v. State, 867 So. 2d 538, 538 n. 1 (Fla. 5th DCA 2004); Cordova v. State, 855 So. 2d 216 (Fla. 3d DCA 2003); Bostrom v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999); Reynolds, 590 So. 2d at 1044. But see Hester, 730 So. 2d at 748; Jones, 676 So. 2d at 84; Carson, 489 So. 2d at 1238. Although it is ordinarily preferable to avoid legal “ch…
• Ilkhani v. Al Lamberti, 50 So. 3d 1180 (Fla. 4th DCA 2010)
  …(b) The dates of any periods after sentence the prisoner was at liberty on bond. (c) The dates and reasons for any other times the prisoner was at liberty after sentence. § 921.161(2)(a-c), Fla. Stat. (2009) (emphasis added). In Cordova v. State, 855 So. 2d 216 (Fla. 3d DCA 2003), the court explained: In reality, “time spent” under subsection 921.161(2) refers back to a similar phrase used in subsection 921.161(1) and means time spent in custody. See id. § 921.161(1) (“time she or he spent in the county j…
• Borroto v. State, 943 So. 2d 240 (Fla. 3d DCA 2006)
  …ive remedies, if Borroto is unsatisfied with the outcome, he may seek judicial relief by filing a petition for writ of mandamus under the 1982 case number, with the Second Judicial Circuit Court in and for Leon County, Florida. See Cordova v. State, 855 So. 2d 216, 217 (Fla. 3d DCA 2003)(holding that defendant seeking credit for time served must exhaust administrative remedies within the Department of Corrections prior to seeking judicial relief); Barber v. State, 661 So. 2d 355, 356 (Fla. 3d DCA 1995)(holdin…

Authorities Cited

• Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
• Gende v. Fla. Dep't of Child. & Families, 836 So. 2d 1112 (Fla. 3d DCA 2003)