WAYNE DUNBAR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Wayne Dunbar appealed from the trial court's denial of his motion for additional jail credit and gain time. The appellate court affirmed, holding that Dunbar must first exhaust his administrative remedies with the Department of Corrections before pursuing judicial relief, and may thereafter petition for a writ of mandamus if necessary.
An inmate must fully exhaust administrative remedies with the Department of Corrections regarding gain time or credit before pursuing judicial remedies. After exhausting administrative remedies, if relief is denied, the inmate may file a petition for writ of mandamus with the circuit court in Leon County.
[1] A prisoner must exhaust administrative remedies with the Department of Corrections before seeking judicial relief regarding gain time or credit owed.
[2] A petition for writ of mandamus may be filed to compel the Department of Corrections to credit an inmate with asserted owed jail time after administrative remedies have b…
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Join FLexlaw to unlock all legal intelligence“As an inmate in the custody of the DOC, Dunbar must fully exhaust his administrative remedies regarding gain time or credit owed within the DOC before he is entitled to pursue judicial remedies.”
Establishes the mandatory exhaustion of administrative remedies requirement for inmates seeking judicial relief for gain time or credit issues.
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Join FLexlaw to unlock all legal intelligenceDunbar was convicted of possession of a firearm by a convicted felon. After his conviction was affirmed on appeal in 2016, Dunbar filed a motion to co…
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Wayne Dunbar appeals from an order denying his Florida Rule of Criminal Procedure 3.800 motion to correct an illegal sentence or, alternatively, his Florida Rule of Criminal Procedure 3.801 motion for additional credit for time served. We affirm without prejudice for Dunbar to first exhaust his administrative remedies with the Department of Corrections (“DOC”) and to file a petition for writ of mandamus should he feel the decision of the DOC is incorrect.
Last year, this Court affirmed without elaboration Dunbar’s conviction for possession of a firearm by a convicted felon. Dunbar v. State, 185 So.3d 1248 (Fla. 3d DCA 2016) (table). In August of 2016, Dunbar filed a motion to correct his sentence pursuant to Rule 3.850. The State responded on August 24, 2016. The following day, the trial court adjudicated Dunbar’s motion (granting his motion, in part, as to a jail credit calculation, but otherwise denying the motion), and Dunbar appealed the order to this Court on September 26, 2016. On April 12, 2017, this Court affirmed the decision of the trial court in case number 3D16-2361. Dunbar v. State, 217 So.3d 1103, 1104 (Fla. 3d DCA 2017). Dunbar then filed the current motion seeking additional gain time.1 The trial court summarily denied the petition, and Dunbar here appeals.
As an inmate in the custody of the DOC, Dunbar must fully exhaust his administrative remedies regarding gain time or credit owed within the DOC before he is entitled to pursue judicial remedies. Bush v. State, 945 So.2d 1207, 1210 (Fla. 2006); Wilson v. State, 9 So.3d 630 (Fla. 3d DCA 2009) (table); Reeves v. State, 987 So.2d 779, 780 (Fla. 3d DCA 2008); Patterson v. State, 784 So.2d 451, 452 (Fla. 3d DCA 2000) (mem.). If after exhausting his administrative remedies, Dunbar is not afforded the relief sought, he may file a petition seeking a writ of mandamus to compel the DOC to credit him with the full amount of jail time he asserts is owed him. See LaFerte-Diaz v. Dep’t of Corr., 187 So.3d 908, 909 (Fla. 3d DCA 2016). Any such petition must be filed with the circuit court in Leon County, where the DOC is located. Wilson, 9 So.3d 630.
Affirmed.
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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
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Reeves v. State, 987 So. 2d 779 (Fla. 3d DCA 2008)
- Leonel LaFERTE-Diaz v. Dep't OF Corr., 187 So. 3d 908 (Fla. 3d DCA 2016)
- Barrington Patterson v. State, 784 So. 2d 451 (Fla. 3d DCA 2000)
- Dunbar v. State, 217 So. 3d 1103 (Fla. 3d DCA 2017)