Legal Opinion

Barnishin v. State

District Court of Appeal of Florida

Decided October 4, 2001No. 1D00-3367PublishedCited by 1 opinion

1Per curiam

In a motion labeled a motion for clarification of sentence, the appellant sought additional jail credit from the Department of Corrections asserting that such credit had been awarded by the sentencing court. The court below denied the motion without reaching the merits. The court determined that a postconviction motion is an improper avenue for the relief sought and that the proper avenue to correct such an error is a petition for a writ of mandamus directed at the Department of Corrections which is filed after the petitioner has exhausted his administrative remedies.

While the trial court is…

2Cases cited3 opinions

  1. Plymel v. MooreDistrict Court of Appeal of Florida · 2000
  2. Grimes v. StateDistrict Court of Appeal of Florida · 1995
  3. Ashley v. MooreDistrict Court of Appeal of Florida · 1999

3Cited by1 opinion

  1. Simmons v. StateDistrict Court of Appeal of Florida · 2011

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