WOODROW D. PUGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Woodrow Pugh, appeals a trial court order summarily denying his motion to correct illegal sentence filed pursuant to rule 3.800(a), Florida Rule of Criminal Procedure, in which he challenged his sentence as being misapplied by the Department of Corrections. The Department of Corrections applied Pugh’s sentences consecutively, while the trial court ordered them to be applied concurrently. We affirm the order under review, without prejudice to Pugh’s ability to file a petition for writ of mandamus in the Leon County circuit court1 after he fully exhausts his administrative remedies. The record is silent as to whether Pugh has yet exhausted his administrative remedies. King v. State, 665 So. 2d 377 (Fla. 4th DCA 1996).
STEVENSON, C.J., STONE and HAZOURI, JJ., concur. . See Bush v. State, 945 So. 2d 1207, 1213-14 (Fla.2006).
Cases With Similar Vibessemantic neighbors from the corpus
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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…
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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…
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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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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Jennings v. State, 665 So. 2d 377 (Fla. 4th DCA 1996)
- Jawan King v. State, 665 So. 2d 377 (Fla. 4th DCA 1996)