Legal Opinion

Vasquez v. State

District Court of Appeal of Florida

Decided October 30, 2002No. 3D02-1879Published

1Per curiam

As in Ramos v. State, 823 So.2d 265 (Fla. 3d DCA 2002), the trial court erroneously denied the appellant’s Rule 3.800 claim to credit for time served before sentencing on the ground that required administrative remedies had not been pursued. As the state again agrees, however, such action is required only as to claims to time served post-sentencing. Ramos v. State, 823 So.2d 265 (Fla. 3d DCA 2002); Garcia v. State, 736 So.2d 1224 (Fla. 3d DCA 1999). The order is therefore reversed and remanded for an appropriate hearing on the appellant’s motion at which he may prevail if “the court records…

2Cases cited3 opinions

  1. State v. MancinoSupreme Court of Florida · 1998
  2. Garcia v. StateDistrict Court of Appeal of Florida · 1999
  3. Ramos v. StateDistrict Court of Appeal of Florida · 2002

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