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Smith v. State

District Court of Appeal of Florida, Fourth District
May 23, 2001
785 So. 2d 1237 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D01-413.

Opinion filed May 23, 2001.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case Nos. 00-2174CF A02 00-2762CF A02.

Antonio L. Smith, Century, pro se.

No appearance required for appellee.


We affirm the trial court's summary denial of Appellant's rule 3.800(a) motion to allow for jail time credit already ordered by the trial court pursuant to his negotiated guilty plea, but with which the Department of Corrections apparently has refused to credit him. Any complaint Appellant has concerning how the Department interprets his sentences must be addressed by filing an administrative complaint with the department, and then, if necessary, by filing a petition for writ of mandamus against the Department in the circuit court where he is incarcerated. See Taylor v. State, 677 So.2d 75 (Fla. 4th DCA 1996); Killings v. State, 567 So.2d 60 (Fla. 4th DCA 1990); Green v. State, 698 So.2d 575, 576 (Fla. 5th DCA 1997), cause dismissed, 705 So.2d 901 (Fla. 1997). Our affirmance is without prejudice to his doing so.

DELL, STONE, and TAYLOR, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fourth District
May 23, 2001
785 So. 2d 1237 (Fla. Dist. Ct. App. 2001)
Case details for

Smith v. State

Case Details

Full title:ANTONIO L. SMITH, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 23, 2001

Citations

785 So. 2d 1237 (Fla. Dist. Ct. App. 2001)

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