DETRICH WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that a claim for credit for time served should be pursued through the inmate grievance procedure, not a motion to correct sentence.
Williams appealed the denial of his motion to correct sentence, asserting he should have received credit for all previously served time with the Depar…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 1994 Sentencing Guidelines cases and more on FLexlaw
MICKLE, Judge.
Williams appeals the denial of his motion to correct sentence filed pursuant to Fla. R.Crim.P. 3.800. We affirm.
As Williams’ first claim for relief, he asserts that, upon resentencing for violation of probation, he should have been awarded credit for all previously served time with the Department of Corrections, including nonfor-feited gain time. The written sentence entered following violation of probation contains a checkmark by the provision providing for “credit for all time previously served on this count in the Department of Corrections prior to resentencing.” Since Williams’ motion does not challenge the sentence imposed by the trial court as illegal, but in essence seeks an order directing the Department of Corrections to award proper credit for time served, he should have sought relief through the inmate grievance procedure set forth in Chapter 33-29, Florida Administrative Code, followed by, if necessary, the filing of a petition for mandamus naming the Department of Corrections as respondent. See Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995); Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994). Our affirmance on this issue is therefore without prejudice to Williams to seek relief through administrative proceedings.
Williams’ second claim for relief, that he should have been sentenced under the 1994 sentencing guidelines, has been rejected in Allen v. State, 664 So. 2d 4 (Fla. 3d DCA 1995); Wood v. State, 655 So. 2d 212 (Fla. 5th DCA 1995).
AFFIRMED.
JOANOS and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Gonzales v. State, 816 So. 2d 720 (Fla. 5th DCA 2002)…plus 165 days indicated on the written sentence imposed by the judge in 1998. That may be. However, this belated appeal challenging the validity of sentences imposed is the wrong procedural vehicle with which to raise this claim. Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996). The proper remedy is for Gonzales to seek relief through the inmate grievance procedure set out in Chapter 33-29 of the Florida Administrative Code. Thereafter, if relief is not obtained, Gonzales may file his [*723] petition fo…
-
Fortner v. State, 728 So. 2d 1203 (Fla. 1st DCA 1999)…[*1204] PER CURIAM. AFFIRMED. See Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996). BARFIELD, C.J., VAN NORTWICK and PADOVANO, JJ., CONCUR.…
-
Bush v. Fla. Parole Comm'n, 694 So. 2d 872 (Fla. 1st DCA 1997)…dministrative channels followed by, if necessary, the filing of a petition for writ of mandamus naming the Department of Corrections as the respondent. See Department of Corrections v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997); Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996). We therefore affirm without prejudice to appellant to seek relief through administrative proceedings. AFFIRMED. WEBSTER and LAWRENCE, JJ., concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995)
- Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994)
- Omega Allen v. State, 664 So. 2d 4 (Fla. 3d DCA 1995)
- State v. Allyson Pitts, 655 So. 2d 212 (Fla. 5th DCA 1995)
- Wood v. State, 655 So. 2d 212 (Fla. 5th DCA 1995)