Lucio v. State, 96-51
| Decision Date | 15 May 1996 |
| Docket Number | No. 96-51,96-51 |
| Citation | 673 So.2d 195 |
| Parties | 21 Fla. L. Weekly D1146 Albert Alexander LUCIO, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An appeal from the Circuit Court for Dade County, Maynard A. Gross, Judge.
Albert Alexander Lucio, in pro per.
Robert A. Butterworth, Attorney General, and Wanda Raiford, Assistant Attorney General, for appellee.
Before NESBITT, COPE and FLETCHER, JJ.
The denial of appellant's motion for postconviction relief is affirmed. The amount of credit in the sentencing order for time served through the date of sentencing is correct. This ruling is without prejudice to appellant to take such steps as may be necessary to assure that the Dade County Corrections Department provided the Florida Department of Corrections the certificate required by subsection 921.161(2), Florida Statutes, stating the time period after sentencing in which appellant was incarcerated in the Dade County jail. If the certificate has been provided and appellant disagrees with the Department of Corrections' calculation of credit for time served, then appellant must seek relief through the inmate grievance procedure. See Barber v. State, 661 So.2d 355, 356 (Fla. 3d DCA 1995); Bowles v. State, 647 So.2d 1056 (Fla. 5th DCA 1994); Holland v. State, 585 So.2d 1199 (Fla. 1st DCA 1991); Riddell v. State, 534 So.2d 907 (Fla. 1st DCA 1988).
Affirmed.
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West v. State, 3D01-1020.
...his administrative remedies within the Department of Corrections and thereafter to seek judicial review if necessary. Lucio v. State, 673 So.2d 195 (Fla. 3d DCA 1996); Barber v. State, 661 So.2d 355 (Fla. 3d DCA Defendant argues that there is an error on his sentencing guidelines scoresheet......
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Cordova v. State, 3D03-2208.
...administrative remedies within the Department of Corrections. See Grant v. State, 837 So.2d 1075 (Fla. 4th DCA 2003); Lucio v. State, 673 So.2d 195 (Fla. 3d DCA 1996). To the extent that defendant may be claiming to have exhausted his administrative remedies, we affirm without prejudice to ......