Steele v. State, No. 99-0300.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation733 So.2d 1117
PartiesKevin Mark STEELE, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 99-0300.
Decision Date26 May 1999

733 So.2d 1117

Kevin Mark STEELE, Appellant,
v.
STATE of Florida, Appellee.

No. 99-0300.

District Court of Appeal of Florida, Fourth District.

May 26, 1999.


Kevin Mark Steele, Indiantown, pro se.

No appearance required for appellee.

PER CURIAM.

We affirm the denial of appellant's motion seeking credit for time served, since the lower court's 1996 sentencing order properly directed that appellant be given credit for time previously served in prison, to be determined by the Department of Corrections ("DOC"). See Singletary v. Slay, 688 So.2d 319 (Fla.1997) (a sentencing order awarding credit for all time previously served is sufficient to alert DOC that the prisoner is entitled to credit for time actually served and any gain time that has not been forfeited). Appellant's

motion did not indicate whether he exhausted his administrative remedies with DOC. Accordingly, this affirmance is without prejudice to the appellant's right to petition the circuit court for a writ of mandamus after exhausting his administrative remedies with DOC, assuming he has not already done so. See Smith v. State, 682 So.2d 147, 149 (Fla. 4th DCA), rev. dismissed, 689 So.2d 1071 (Fla.1997); King v. State, 665 So.2d 377 (Fla. 4th DCA 1996). If, upon the filing of a mandamus petition, it appears that appellant would be entitled to immediate release from incarceration if properly credited with the time he is seeking, the petition should be treated as a petition for writ of habeas corpus. See Waldrup v. Dugger, 562 So.2d 687, 693 (Fla.1990); Slay v. Singletary, 676 So.2d 456, 457 (Fla. 1st DCA 1996), approved, 688 So.2d 319 (Fla.1997).

FARMER, TAYLOR and HAZOURI, JJ., concur.

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5 practice notes
  • Andrews v. Florida Parole Com'n, No. 1D98-1931.
    • United States
    • Court of Appeal of Florida (US)
    • October 18, 2000
    ...considerably from Florida's. 10. For failure to perform this ministerial duty, habeas corpus or mandamus will lie. See Steele v. State, 733 So.2d 1117, 1118 (Fla. 4th DCA 1999) ("If, upon the filing of a mandamus petition, it appears that appellant would be entitled to immediate release fro......
  • Duer v. Moore, No. 1D99-3407.
    • United States
    • Court of Appeal of Florida (US)
    • May 22, 2000
    ...with the time he is seeking, [in which event] the petition should be treated as a petition for writ of habeas corpus." Steele v. State, 733 So.2d 1117, 1118 (Fla. 4th DCA Mr. Duer pleaded nolo contendere, insofar as pertinent here, to counts two and four of the information filed in Case No.......
  • Brown v. State, No. 4D13–3330.
    • United States
    • Court of Appeal of Florida (US)
    • September 23, 2013
    ...sentence. Layman v. State, 787 So.2d 44, 45 (Fla. 2d DCA 2001) (citing Singletary v. Slay, 688 So.2d 319 (Fla.1997), and Steele v. State, 733 So.2d 1117 (Fla. 4th DCA 1999)). It is well-settled that a court's failure to check the prison credit box—which directs the Department of Corrections......
  • Gillard v. FLORIDA PAROLE COM'N, No. 1D00-3702.
    • United States
    • Court of Appeal of Florida (US)
    • April 17, 2001
    ...in the county in which he is currently incarcerated. See, e.g., Stanley v. Moore, 744 So.2d 1160 (Fla. 1st DCA 1999); Steele v. State, 733 So.2d 1117 (Fla. 4th DCA 1999); sec. 79.09, Fla. Stat. (1999). Thus, because Petitioner was not incarcerated in Leon County, the Circuit Court of Leon C......
  • Request a trial to view additional results
5 cases
  • Andrews v. Florida Parole Com'n, No. 1D98-1931.
    • United States
    • Court of Appeal of Florida (US)
    • October 18, 2000
    ...considerably from Florida's. 10. For failure to perform this ministerial duty, habeas corpus or mandamus will lie. See Steele v. State, 733 So.2d 1117, 1118 (Fla. 4th DCA 1999) ("If, upon the filing of a mandamus petition, it appears that appellant would be entitled to immediate release fro......
  • Duer v. Moore, No. 1D99-3407.
    • United States
    • Court of Appeal of Florida (US)
    • May 22, 2000
    ...with the time he is seeking, [in which event] the petition should be treated as a petition for writ of habeas corpus." Steele v. State, 733 So.2d 1117, 1118 (Fla. 4th DCA Mr. Duer pleaded nolo contendere, insofar as pertinent here, to counts two and four of the information filed in Case No.......
  • Brown v. State, No. 4D13–3330.
    • United States
    • Court of Appeal of Florida (US)
    • September 23, 2013
    ...sentence. Layman v. State, 787 So.2d 44, 45 (Fla. 2d DCA 2001) (citing Singletary v. Slay, 688 So.2d 319 (Fla.1997), and Steele v. State, 733 So.2d 1117 (Fla. 4th DCA 1999)). It is well-settled that a court's failure to check the prison credit box—which directs the Department of Corrections......
  • Gillard v. FLORIDA PAROLE COM'N, No. 1D00-3702.
    • United States
    • Court of Appeal of Florida (US)
    • April 17, 2001
    ...in the county in which he is currently incarcerated. See, e.g., Stanley v. Moore, 744 So.2d 1160 (Fla. 1st DCA 1999); Steele v. State, 733 So.2d 1117 (Fla. 4th DCA 1999); sec. 79.09, Fla. Stat. (1999). Thus, because Petitioner was not incarcerated in Leon County, the Circuit Court of Leon C......
  • Request a trial to view additional results

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