5D01-3744 Tarrand v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-3744

Case Date: 02/04/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

MARCUS TARRAND, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed February 8, 2002 3.800 Appeal from the Circuit Court for Lake County, Don F. Briggs, Judge. Marcus Tarrand, Orlando, pro se. No Appearance for Appellee. SHARP, W., J., Tarrand appeals from the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), for jail time credit. He alleges the trial court properly awarded him 129 days of jail time credit, but that the Department of Corrections is only crediting him with 43 days. We affirm. As the trial court properly noted, Tarrand has not availed himself of the administrative inmate grievance procedure established by the Department of Corrections. Only after he has exhausted his administrative remedy can he seek a remedy in the circuit court and, in that event, by filing petition for CASE NO. 5D01-3744

mandamus. See Williams v. State, 673 So.2d 873 (Fla. 1st DCA 1996); Under the circumstances, our affirmance is without prejudice to seek an administrative remedy. AFFIRMED.

GRIFFIN and PLEUS, JJ., concur.

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