ANTONIO JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant here sought redress through a motion'pursuant to Florida Rule of Criminal Procedure 3.800. The motion requested a correction of jail time credit and gain time for a period spent in Bro-ward County Jail awaiting a hearing on a separate, pending motion under Florida Rule of Criminal Procedure 3.850 for post-conviction relief.
A motion to correct an illegal sentence is not the proper vehicle through which to challenge denial of credit for time served after sentencing. Moreland v. State, 700 So. 2d 800 (Fla. 4th DCA 1997). Rather the Appellant must seek administrative remedies with the Department of Corrections to receive requested credit. Id. at 801. After exhausting such remedies, the Appellant may file a petition for writ of mandamus against the Department. Id. Therefore, we affirm without prejudice the denial of the requested credit for time served and gain time spent in Broward County Jail after sentencing.
GUNTHER, WARNER and MAY, JJ., concur.
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Cooper v. State, 60 So. 3d 1137 (Fla. 4th DCA 2011)…of his rule 3.800(a) motion to correct illegal sentence. We affirm without prejudice to Cooper’s right to exhaust all administrative remedies at the Department of Corrections with regard to any entitlement to gain time credit. See Jackson v. State, 971 So. 2d 208 (Fla. 4th DCA 2007). Inasmuch as Cooper asserts a conclusory entitlement to jail credit, we affirm. See Petscher v. State, 936 So. 2d 639, 639 (Fla. 5th DCA 2006) (Orfinger, J., concurring specially). Affirmed. GROSS, C.J., WARNER and POLEN,…
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Authorities Cited
- Moreland v. State, 700 So. 2d 800 (Fla. 4th DCA 1997)