Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided March 12, 2003No. 3D03-121Published

1Per curiam

Bobbie Eugene Smith appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). To the extent that the motion requests credit for time served after sentencing, the order denying relief is affirmed without prejudice to the defendant to raise that issue with the Department of Corrections. See Skiba v. State, 827 So.2d 379 (Fla. 3d DCA 2002)(concluding defendant must exhaust his administrative remedies prior to seeking judicial relief); Garcia v. State, 736 So.2d 1224 (Fla. 3d DCA 1999)(same); Hidalgo v. State, 729 So.2d…

2Cases cited3 opinions

  1. Hidalgo v. StateDistrict Court of Appeal of Florida · 1999
  2. Garcia v. StateDistrict Court of Appeal of Florida · 1999
  3. Skiba v. StateDistrict Court of Appeal of Florida · 2002

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