JERMAINE MASSEY, PETITIONER,
v.
JAMES V. CROSBY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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The circuit court erred in dismissing the petition for writ of mandamus seeking gain time credit, as mandamus is the appropriate remedy after exhausting administrative remedies.
[1] A circuit court order dismissing a petition for writ of mandamus may be quashed when the circuit court misapprehended the law.
[2] A petition for writ of mandamus is the appropriate remedy to challenge the Department of Corrections' denial of gain time credit after administrative remedies have been e…
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Join FLexlaw to unlock all legal intelligenceMassey, imprisoned, requested gain time credit for vocational courses, which the Department of Corrections denied. After exhausting administrative rem…
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PER CURIAM.
We grant Massey’s petition for writ of certiorari and quash a circuit court order dismissing his petition for writ of mandamus.
Massey was sentenced to nine years and two months imprisonment. He requested a sixty day gain time credit for completing three vocational courses while imprisoned. The Department of Corrections (DOC) denied his request. Having exhausted his administrative remedies, Massey sought mandamus relief from the circuit court. The court dismissed his petition citing Schmidt v. Crusoe, 28 Fla. L. Weekly S367, — So. 2d -, 2003 WL 1987971 (Fla. May 1, 2003).
In Schmidt, the supreme court determined that Schmidt’s mandamus petition, filed in that court, was a collateral criminal proceeding for purposes of determining that he was exempt from the filing fee requirement in his gain time challenge.
The state concedes that the circuit court misapprehended the focus of Schmidt when it concluded that gain time challenges must now be brought by means of a motion for post-conviction relief. In doing so, the state acknowledges the court departed from the essential requirements of law and requests we reverse the portion of the appealed order which dismissed the mandamus petition.
Massey has exhausted his administrative remedies with the DOC. He correctly sought mandamus relief in the circuit court. See Taylor v. State, 780 So. 2d 955 (Fla. 4th DCA 2001)(affirming trial court’s denial of post-conviction relief motion filed to challenge DOC’s reduction of his gain time because it had to first be entertained in the DOC; if defendant was not satisfied with the DOC’s ruling, then he could file a petition for writ of mandamus with the appropriate circuit court); see also Bedford v. State, 775 So. 2d 402 (Fla. 4th DCA 2000)(holding that a mandamus petition, rather than motion for post-conviction relief, was appropriate remedy to have DOC honor amount of jail credit awarded in each of defendant’s sentences).
We, therefore, quash the order and remand for further proceedings.
STONE, SHAHOOD and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004)…on and sentence entered by another circuit court.1 The petition was dismissed without prejudice to appellant’s ability to file in the sentencing court for the appropriate relief. The Commission now files a motion for remand citing Massey v. Crosby, 860 So. 2d 529 (Fla. 4th DCA 2003). In Massey, the circuit court, relying on Schmidt, dismissed an inmate’s petition for writ of mandamus which challenged an administrative action of the Department of Corrections refusing to award a 60-day gain time credit for com…
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Butler v. Jones, 225 So. 3d 923 (Fla. 1st DCA 2017)…for the circuit court’s further consideration. Where a prisoner challenges the Department’s calculation or interpretation of his or her sentence, the prisoner must first exhaust administrative remedies through the Department. See Massey v. Crosby, 860 So. 2d 529, 529 (Fla. 4th DCA 2003) (mem.) (citing Bedford v. State, 775 So. 2d 402, 402 (Fla. 4th DCA 2000)); Brown v. State, 13 So. 3d 1087, 1087 (Fla. 2d DCA 2009) (mem.). After, the prisoner may seek review of that administrative decision via extraordinary…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Taylor v. State, 780 So. 2d 955 (Fla. 4th DCA 2001)
- Bedford v. State, 775 So. 2d 402 (Fla. 4th DCA 2000)