JAMES DIEUDONNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2007-04-25
No. 4D07-900
GUNTHER, WARNER and TAYLOR, JJ., concur.
954 So. 2d 1254 Florida District Court of Appeal, Fourth District (2007) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of appellant’s Motion to Allow Correct Jail Credit. The trial court correctly credited petitioner with the 215 days he served in jail before sentencing. Our affirmance is without prejudice to petitioner seeking additional credit from the Department of Corrections for time he served in jail following sentencing and petitioning the circuit court in Leon County for a writ of mandamus if relief is not forthcoming after exhausting his administrative remedies. Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003); see also Bush v. State, 945 So. 2d 1207, 1211 (Fla.2006) (holding that proper venue to challenge a DOC sentence-reducing credit determination is the circuit court in Leon County where DOC has its headquarters).

GUNTHER, WARNER and TAYLOR, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Canete v. Fla. Dep't OF Corr., 967 So. 2d 412 (Fla. 1st DCA 2007)
    …ntial body of case law holding that before seeking extraordinary writ relief in a situation such as this, an inmate dissatisfied with an administrative action of DOC is required to exhaust available administrative remedies. See, e.g., Pugh v. State, 954 So. 2d 1254 (Fla. 4th DCA 2007); Borroto v. State, 943 So. 2d 240 (Fla. 3d DCA 2006); Thomas v. State, 828 So. 2d 1045 (Fla. 4th DCA 2002); Verrone v. State, 797 So. 2d 613 (Fla. 1st DCA 2001); Rood v. State, 790 So. 2d 1192 (Fla. 1st DCA 2001).3 In short, Cane…
  • Cunningham v. State, 968 So. 2d 119 (Fla. 4th DCA 2007)
    …of appellant’s sentence. If DOC refuses to give effect to the original sentencing order, then appellant can file a petition for writ of mandamus in the Second Judicial Circuit in Leon County. Bush v. State, 945 So. 2d 1207 (Fla.2006); Pugh v. State, 954 So. 2d 1254 (Fla. 4th DCA 2007); Ruiz v. Crosby, 888 So. 2d 154 (Fla. 5th DCA 2004); see also Rood v. State, 790 So. 2d 1192 (Fla. 1st DCA 2001) (recognizing that DOC does not have authority to reject credit specifically ordered by the trial court as part of th…
  • Phillips v. State, 998 So. 2d 675 (Fla. 4th DCA 2009)
    …t exhaust his administrative remedies and then file a petition for writ of mandamus in the Second Judicial Circuit in Leon County. See Bush v. State, 945 So. 2d 1207 (Fla.2006); Cunningham v. State, 968 So. 2d 119 (Fla. 4th DCA 2007); Pugh v. State, 954 So. 2d 1254 (Fla. 4th DCA 2007). FARMER, KLEIN and GROSS, JJ., concur.…

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