Wilcher v. State

Full title: Alfred WILCHER, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 6, 2005

898 So. 2d 1186 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D04-2999.

April 6, 2005.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge.

Alfred Wilcher, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before COPE, GREEN, and WELLS, JJ.

PER CURIAM.

Affirmed.

GREEN and WELLS, JJ., concur.

COPE, J. (concurring).

I concur in denying postconviction relief at this time. Contrary to the claim of defendant-appellant Wilcher, in the plea colloquy in Miami-Dade County Circuit Court case numbers 90-42607, 93-8051, and 93-8052, the plea bargain included a mandatory minimum sentence of three years, which is also reflected on the sentencing orders. The defendant's claim that he had no mandatory minimum sentences is incorrect.

To the extent that the defendant may be claiming that the Department of Corrections has failed to give him credit for jail time served on each of these cases, the defendant must exhaust his administrative remedies within the Department of Corrections before seeking relief in court. See Cordova v. State, 855 So.2d 216, 217 (Fla. 3d DCA 2003).