Opinion
No. 1D11–6694.
2013-02-28
Shelton Ty PRUDHOMME, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.
An appeal from the Circuit Court for Taylor County. James Roy Bean, Judge. Shelton Ty Prudhomme, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee; Jennifer Parker, General Counsel, and Michael Kennett, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.
An appeal from the Circuit Court for Taylor County. James Roy Bean, Judge.
Shelton Ty Prudhomme, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee; Jennifer Parker, General Counsel, and Michael Kennett, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.
PER CURIAM.
We affirm without further comment, the trial court's determination that the sentence imposed in the Third Circuit did not run coterminously with the sentence imposedin the Nineteenth Circuit. However, in light of the Department of Correction's (“the Department”) concession of error, we reverse and remand the trial court's dismissal, on procedural grounds, Appellant's claim that the Department failed to properly calculate and apply Appellant's prison credit to his Third Circuit case. See Osborne v. Tucker, 80 So.3d 413 (Fla. 1st DCA 2012) (reversing and remanding, in light of State's concession, dismissal of habeas petition for lower court to redesignate petition as a mandamus action and transfer the case to the appropriate court).
AFFIRMED IN PART, REVERSED IN PART, and REMANDED WITH INSTRUCTIONS.