MARK ALVIN POSEY, PETITIONER,
v.
THE HONORABLE STANTON S. KAPLAN, CIRCUIT JUDGE OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, RESPONDENT

Fla. 4th DCA | 1995-09-20
No. 95-0565
GUNTHER, C.J., and STONE and KLEIN, JJ., concur.
660 So. 2d 781 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A prisoner sought mandamus to compel the trial court to correct his written sentencing orders to reflect time-served credits that were orally pronounced at sentencing. The appellate court held that the trial court has jurisdiction to consider and correct sentencing orders when the court itself has calculated and awarded specific amounts of time credit, and remanded for the trial court to address the claim.


Holding

The trial court has jurisdiction to consider and correct sentencing orders when it has itself performed the calculations and awarded a specific amount of time-served credit, and mandamus is the proper method to test a court's determination that it lacks such jurisdiction. The dismissal order was quashed and the case remanded for the trial court to address Petitioner's claim on the merits.


Headnotes

[1] A trial court retains jurisdiction to correct or clarify a sentence when the court itself has performed the calculations for time served credit, as opposed to delegating…

[2] A trial court has jurisdiction to consider a prisoner's claim regarding credit for time served prior to sentencing, even if the prisoner also seeks administrative action.

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Key Quotes

“Mandamus is the proper method to test a court's determination that it lacks jurisdiction over a matter and to compel that court to exercise jurisdiction, if it has wrongfully refused to do so.”

Establishes that mandamus is the appropriate remedy to challenge a trial court's assertion that it lacks jurisdiction.

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Facts & Procedural History

In November 1994, Petitioner entered guilty pleas in four separate circuit court cases. According to Petitioner, his plea agreement included provision…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, a prisoner proceeding pro se, seeks a writ of mandamus, requiring the trial court, inter alia, to correct his written sentence as to credit for time served prior to sentencing.

Petitioner asked the trial court either to compel the Department of Corrections to credit him with the time he was entitled to (seeking the equivalent of a writ of mandamus) or to correct his written sentence to conform to the oral pronouncements of the court at the time of his plea. His petition was dismissed on the ground that the trial court lacked jurisdiction to afford any relief, as Petitioner’s sole remedy was to take administrative action.

We do not determine whether Petitioner will ultimately be entitled to any relief in the circuit court. However, we do recognize that the circuit court has jurisdiction to consider Petitioner’s claim as to its sentence. Mandamus is the proper method to test a court’s determination that it lacks jurisdiction over a matter and to compel that court to exercise jurisdiction, if it has wrongfully refused to do so. Pino v. District Court of Appeal, Third Dist., 604 So. 2d 1232, 1233 (Fla.1992).

In November, 1994, Petitioner entered a guilty plea in four separate pending circuit court cases. He alleges that his plea agreement, accepted by the court, included a provision that he would receive credit for specific amounts of time served in each of the pending cases. Petitioner alleges that the trial court pronounced the correct credit as part of the oral sentences imposed but that he was subsequently informed by the Department of Corrections that he would receive no credit because the written sentencing orders did not “consolidate” the multiple credits into one document.

Respondent asserts that it is within the sole authority of the Department of Corrections to calculate and apply gain time credits, and that the circuit court lacks jurisdiction to interfere with this process. However, here, Petitioner is apparently seeking credit for only that amount of time that he earned before the sentence was imposed as expressly considered, calculated and awarded at sentencing. Respondent acknowledges that Petitioner’s sentence included findings as to the specific number of days of credit to be awarded in each case against the sentences imposed.

In Mongiouvi v. State, 639 So. 2d 686 (Fla. 2d DCA 1994), which arose as a motion to correct sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, the Second District drew a distinction between a sentencing order containing an award of a specific amount of gain time and one in which the court delegates the task of calculating the amount of time served credit to the department. Where the court itself has performed the calculations, it retains jurisdiction to correct the amount of time awarded. Similarly, we conclude that, regardless of whether the “petitions” filed in the circuit court were petitions for writs of mandamus, or rule 3.800(a) motions, or a hybrid pleading seeking both alternatively, the trial court has jurisdiction to treat the “petitions” as motions filed pursuant to rule 3.800(a) to correct or clarify his sentences in that regard.

Respondent’s response to our show cause order indicates that Petitioner may have received all the credit that he is due. Nevertheless, Petitioner is entitled to consideration of this issue by the trial court. We have considered Green v. State, 636 So. 2d 830 (Fla. 5th DCA 1994), Walker v. State, 619 So. 2d 518 (Fla. 1st DCA 1993), and Harvey v. State, 616 So. 2d 521 (Fla. 2d DCA 1993), relied on by Respondent. However, we deem them inapposite as to the limited issue resolved here.

Therefore, the dismissal order is quashed and we withhold the issuance of a writ in anticipation of trial court compliance with this opinion.

GUNTHER, C.J., and STONE and KLEIN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dep't of Corr. v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997)
    …ained through administrative channels and, if necessary, by filing a petition for writ of mandamus naming DOC as the respondent. See Adams v. Wainwright, 275 So. 2d 235 (Fla.1973); Smith v. State, 682 So. 2d 147 (Fla. 4th DCA 1996); Posey v. Kaplan, 660 So. 2d 781 (Fla. 4th DCA 1995). The reason for this is that an award of credit after sentencing is a matter for DOC rather than the trial court as a request for such credit does not affect the legality of the sentence. See Bowles v. State, 647 So. 2d 1056 (Fla…
  • Taylor v. State, 677 So. 2d 75 (Fla. 4th DCA 1996)
    …ction, not the court’s, to calculate credit for time served. Denial of the 3.800(a) motion was proper. The DOC is lawfully vested with the authority to consider complaints regarding [*76] miscalculations of credit for time served. Posey v. Kaplan, 660 So. 2d 781 (Fla. 4th DCA 1995); Harvey v. State, 616 So. 2d 521 (Fla. 2d DCA 1993). Further, issues regarding credit for time served are not properly the subject of Rule 3.800(a) motions. Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996); see Davis v. Stat…
  • Smith v. State, 682 So. 2d 147 (Fla. 4th DCA 1996)
    …1222 (Fla. 4th DCA 1995). A petition for mandamus in the trial court is the appropriate remedy to permit the trial court to order the D.O.C. to implement the credit awarded to a criminal defendant pursuant to a sentencing order. See Posey v. Kaplan, 660 So. 2d 781 (Fla. 4th DCA 1995). AFFIRMED. KLEIN and GROSS, JJ., concur. . In State, v. Green, 547 So. 2d 925 (Fla.1989) the supreme court held that a defendant sentenced for a violation of the probationary portion of a split sentence is entitled to credit f…

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