Rood v. State, No. 1D01-794.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation790 So.2d 1192
Docket NumberNo. 1D01-794.
Decision Date30 July 2001
PartiesCharles E. ROOD, Appellant, v. STATE of Florida, Appellee.

790 So.2d 1192

Charles E. ROOD, Appellant,
v.
STATE of Florida, Appellee.

No. 1D01-794.

District Court of Appeal of Florida, First District.

July 30, 2001.


Appellant pro se.

Robert A. Butterworth, Attorney General; Karen Armstrong, Assistant Attorney General, Tallahassee, for Appellee.

790 So.2d 1193
PER CURIAM.

Appellant seeks review of an order denying his motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. It appears that appellant's real complaint is with the Department of Corrections, which he alleges refused to give him the full 5 years and 32 days of jail and prison credit specified in the judgment and sentence imposed for violation of probation. "[T]he Department [of Corrections] does not have the authority to review and reject a trial court's specific award of credit." Hall v. Moore, 777 So.2d 1105, 1106 (Fla. 1st DCA 2001). To remedy this apparent error on the part of the Department of Corrections, however, appellant must exhaust available administrative remedies. If that proves unsuccessful, he may then file in the circuit court a petition seeking a writ of mandamus to compel the Department to credit him with the full amount of jail and prison time awarded by the trial court. Bedford v. State, 775 So.2d 402 (Fla. 4th DCA 2000). Accordingly, the order denying appellant's motion seeking postconviction relief is affirmed, without prejudice to appellant's right to pursue his complaint against the Department of Corrections administratively.

AFFIRMED.

WEBSTER, BROWNING and POLSTON, JJ., concur.

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19 practice notes
  • Canete v. Florida Dept. of Corrections, No. 1D07-2505.
    • United States
    • Court of Appeal of Florida (US)
    • 26 Octubre 2007
    ...3d DCA 2006); Thomas v. State, 828 So.2d 1045 (Fla. 4th DCA 2002); Verrone v. State, 797 So.2d 613 (Fla. 1st DCA 2001); Rood v. State, 790 So.2d 1192 (Fla. 1st DCA 2001).3 In short, Canete's claim for mandamus relief did not become ripe for judicial review until the administrative grievance......
  • Cunningham v. State, No. 4D07-1440.
    • United States
    • Court of Appeal of Florida (US)
    • 21 Noviembre 2007
    ...(Fla.2006); Pugh v. State, 954 So.2d 1254 (Fla. 4th DCA 2007); Ruiz v. Crosby, 888 So.2d 154 (Fla. 5th DCA 2004); see also Rood v. State, 790 So.2d 1192 (Fla. 1st DCA 2001) (recognizing that DOC does not have authority to reject credit specifically ordered by the trial court as part of the ......
  • Seymoore v. State, No. 4D13–680.
    • United States
    • Court of Appeal of Florida (US)
    • 14 Agosto 2013
    ...trial court. Bush v. State, 945 So.2d 1207, 1213–14 (Fla.2006); Perkins v. State, 839 So.2d 796, 797 (Fla. 4th DCA 2003); Rood v. State, 790 So.2d 1192, 1193 (Fla. 1st DCA 2001).WARNER, GROSS and LEVINE, JJ.,...
  • Bradshaw v. State, No. 3D05-1906.
    • United States
    • United States State Supreme Court of Florida
    • 12 Octubre 2005
    ...and GREEN, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. Cummings v. State, 904 So.2d 581 (Fla. 3d DCA 2005); Rood v. State, 790 So.2d 1192 (Fla. 1st DCA...
  • Request a trial to view additional results
19 cases
  • Canete v. Florida Dept. of Corrections, No. 1D07-2505.
    • United States
    • Court of Appeal of Florida (US)
    • 26 Octubre 2007
    ...3d DCA 2006); Thomas v. State, 828 So.2d 1045 (Fla. 4th DCA 2002); Verrone v. State, 797 So.2d 613 (Fla. 1st DCA 2001); Rood v. State, 790 So.2d 1192 (Fla. 1st DCA 2001).3 In short, Canete's claim for mandamus relief did not become ripe for judicial review until the administrative grievance......
  • Cunningham v. State, No. 4D07-1440.
    • United States
    • Court of Appeal of Florida (US)
    • 21 Noviembre 2007
    ...(Fla.2006); Pugh v. State, 954 So.2d 1254 (Fla. 4th DCA 2007); Ruiz v. Crosby, 888 So.2d 154 (Fla. 5th DCA 2004); see also Rood v. State, 790 So.2d 1192 (Fla. 1st DCA 2001) (recognizing that DOC does not have authority to reject credit specifically ordered by the trial court as part of the ......
  • Seymoore v. State, No. 4D13–680.
    • United States
    • Court of Appeal of Florida (US)
    • 14 Agosto 2013
    ...trial court. Bush v. State, 945 So.2d 1207, 1213–14 (Fla.2006); Perkins v. State, 839 So.2d 796, 797 (Fla. 4th DCA 2003); Rood v. State, 790 So.2d 1192, 1193 (Fla. 1st DCA 2001).WARNER, GROSS and LEVINE, JJ.,...
  • Bradshaw v. State, No. 3D05-1906.
    • United States
    • United States State Supreme Court of Florida
    • 12 Octubre 2005
    ...and GREEN, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. Cummings v. State, 904 So.2d 581 (Fla. 3d DCA 2005); Rood v. State, 790 So.2d 1192 (Fla. 1st DCA...
  • Request a trial to view additional results

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