Legal Opinion

Priester v. State

District Court of Appeal of Florida

Decided May 2, 2007No. 4D07-1083PublishedCited by 1 opinion

1Per curiam

The order denying Appellant’s emergency motions for reclarification of sentence is affirmed, without prejudice to his right to exhaust all administrative remedies with the Department of Corrections. If the department fails to implement the earlier orders clarifying and amending his sentences, he may then seek mandamus relief against the Department of Corrections in the circuit court. See Davis v. State, 943 So.2d 975 (Fla. 5th DCA 2006); Smith v. State, 785 So.2d 1237 (Fla. 4th DCA 2001).

STONE, FARMER and KLEIN, JJ., concur.

2Cases cited2 opinions

  1. Smith v. StateDistrict Court of Appeal of Florida · 2001
  2. Davis v. StateDistrict Court of Appeal of Florida · 2006

3Cited by1 opinion

  1. Smith v. McDonoughDistrict Court of Appeal of Florida · 2007