Legal Opinion

Jeremiah Butler v. Julie L. Jones Florida Department etc.

District Court of Appeal of Florida

Decided August 14, 2017No. CASE NO. 1D16-5779Published

1Per curiam

Appellant challenges the denial of his “Petition for Writ of Mandamus And Or Alternative Habeas Corpus.” The circuit court dismissed the Petition because it found it had no jurisdiction to consider what it deemed a collateral challenge to a judgment and sentence. The Petition is not a collateral challenge to a judgment and sentence, and we are therefore constrained to reverse for the circuit court’s further consideration.

Where a prisoner challenges the Department’s calculation or interpretation of his or her sentence, the prisoner must first exhaust administrative remedies through the…

2Cases cited5 opinions

  1. Bush v. StateSupreme Court of Florida · 2006
  2. Bedford v. StateDistrict Court of Appeal of Florida · 2000
  3. Brown v. StateDistrict Court of Appeal of Florida · 2009
  4. Head v. McNeilDistrict Court of Appeal of Florida · 2008
  5. Massey v. CrosbyDistrict Court of Appeal of Florida · 2003

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