STEVEN G. BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a claim regarding the Department of Corrections' interpretation of a sentence is not cognizable in a rule 3.800(a) motion and must be addressed through administrative procedures or a writ of mandamus.
[1] A claim that the Department of Corrections has incorrectly interpreted a sentence is not cognizable in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800…
[2] Complaints regarding the Department of Corrections' misinterpretation of a sentence must be addressed through administrative procedures or a petition for writ of mandamus…
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Join FLexlaw to unlock all legal intelligenceSteven G. Brown was convicted of first-degree murder and sentenced to life imprisonment with a 25-year minimum mandatory term. He alleged the Departme…
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We affirm the summary denial of Steven G. Brown’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) but write to explain an additional basis to affirm the denial of claim one of his motion.
A jury convicted Brown of first-degree murder pursuant to section 782.04(1), Florida Statutes (1987). For that offense, he was sentenced to prison for “a term of Natural Life (25 Year Minimum Mandatory)” in accordance with section 775.082(1), Florida Statutes (1987), which provides: “A person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole unless [the death penalty is imposed].”1
In claim one of his motion, Brown alleged that the Department of Corrections (DOC) has informed him that he is not eligible for parole because he was sentenced to a capital offense.2 Although Brown framed his claim as one based on a sentencing error (which the postconviction court properly rejected), the actual basis of the claim is the DOC’s interpretation of his sentence. A claim that the DOC has incorrectly interpreted a sentence is not cognizable in a rule 3.800(a) motion. See Swinney v. State, 757 So.2d 1218, 1218 (Fla. 2d DCA 2000). Instead, any complaint that the DOC has misinterpreted Brown’s sentence must be addressed through administrative procedures and, if necessary, by a petition for writ of mandamus filed in Leon County. See id.; see also Stovall v. Cooper, 860 So.2d 5, 7-8 (Fla. 2d DCA 2003) (en banc).
Accordingly, the order denying Brown’s rule 3.800(a) motion is affirmed in all respects.
Affirmed.
FULMER and KHOUZAM, JJ., Concur.
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Butler v. Jones, 225 So. 3d 923 (Fla. 1st DCA 2017)…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 writ—mandamus if the prisoner is not seeking entitlement to immediate release. Head v. McNeil, 975 So. 2d 583, 584-85 (Fla. 1st DC…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stovall v. Sergeant William Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003)
- Swinney v. State, 757 So. 2d 1218 (Fla. 2d DCA 2000)