From Casetext: Smarter Legal Research

Robinson v. State

District Court of Appeal of Florida, Second District
Jan 18, 2002
818 So. 2d 543 (Fla. Dist. Ct. App. 2002)

Opinion

No. 2D01-5150.

January 18, 2002.

Appeal from the Circuit Court, Pinellas County, Richard A. Luce, J.


Reggie Robinson appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Robinson claimed that the Department of Corrections awarded him less jail time credit than the trial court ordered. We affirm because this claim cannot be brought in a rule 3.800(a) motion. Robinson must first exhaust his administrative remedies with the Department of Corrections. See Clements v. State, 761 So.2d 1245 (Fla. 2d DCA 2000). If he is not satisfied with the ruling of the Department, he can then file a petition for writ of mandamus with the appropriate circuit court. See Newsome v. Singletary, 637 So.2d 9 (Fla. 2d DCA 1994).

Affirmed.

FULMER and SILBERMAN, JJ., Concur.


Summaries of

Robinson v. State

District Court of Appeal of Florida, Second District
Jan 18, 2002
818 So. 2d 543 (Fla. Dist. Ct. App. 2002)
Case details for

Robinson v. State

Case Details

Full title:REGGIE ROBINSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 18, 2002

Citations

818 So. 2d 543 (Fla. Dist. Ct. App. 2002)

Citing Cases

Thomas v. State

He may have done so already, but the record is not entirely clear on that. King v. State, 665 So.2d 377 (Fla.…

Sutton v. Florida

He cannot use rule 3.800(a) for this purpose. See Smith v. State, 682 So.2d 147 (Fla. 4th DCA 1996) (failure…