DERRICK LAVON GRACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the summary denial of appellant’s rule 3.800(a) motion to correct illegal sentence, challenging the Department of Corrections’ calculation of his maximum release date, without prejudice to his seeking mandamus or habeas relief from the appropriate circuit court if necessary after he has exhausted his administrative remedies with the Department. See Thomas v. State, 828 So. 2d 1045 (Fla. 4th DCA 2002); Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001); see also Key v. State, 874 So. 2d 694 (Fla. 4th DCA 2004) (citing Johnson v. Fla. Parole Comm’n, 841 So. 2d 615, 617 (Fla. 1st DCA 2003), for the proposition that a mandamus petition is filed in the circuit where the agency is headquartered and a habeas petition where the petitioner is detained).
STEVENSON, C.J., STONE and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Salazar v. State, 995 So. 2d 1058 (Fla. 4th DCA 2008)…xtraordinary relief from the Leon County circuit court. See Bush v. State, 945 So. 2d 1207, 1213-14 (Fla.2006) (holding the department is entitled to litigate in the circuit court in Leon County, where its central office is located); Grace v. State, 920 So. 2d 719 (Fla. 4th DCA 2006). In denying the motion, the trial court correctly explained to Defendant that he was not entitled to the same number of days of credit for each case with concurrent sentences which bear different arrest dates; instead, when a de…
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Ward v. State, 974 So. 2d 542 (Fla. 4th DCA 2008)…t of Correction’s application of his court-ordered jail time credit, without prejudice to his seeking extraordinary relief from the Leon County circuit court after he has exhausted his administrative remedies with the department. See Grace v. State, 920 So. 2d 719 (Fla. 4th DCA 2006). See also Bush v. State, 945 So. 2d 1207, 1213-14 (Fla.2006) (holding the department is entitled to litigate in the circuit court in Leon County, where its central office is located). TAYLOR, HAZOURI and MAY, JJ., concur.…
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Bryon L. Reddick v. State, 155 So. 3d 427 (Fla. 2d DCA 2015)…tent that Mr. Reddick claimed in his motion that the Department of Corrections continued to hold him when his sentence had expired, Mr. Reddick must first raise that issue in an administrative complaint filed with the Department. See Grace v. State, 920 So. 2d 719, 719 (Fla. 4th DCA 2006). We note that Mr. Reddick’s sentence in this case was ordered to run concurrently with any term of imprisonment he was then serving.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fannings Johnson v. Fla. Parole Comm'n & James V. Crosby, Jr., 841 So. 2d 615 (Fla. 1st DCA 2003)
- Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001)
- Watt Thomas v. State, 828 So. 2d 1045 (Fla. 4th DCA 2002)
- Gore v. State, 828 So. 2d 1045 (Fla. 4th DCA 2002)
- Lavoice Johnson v. Dep't of Child. & Families, 874 So. 2d 694 (Fla. 4th DCA 2004)
- KEY v. State, 874 So. 2d 694 (Fla. 4th DCA 2004)