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Martin v. State

District Court of Appeal of Florida, Third District
Mar 31, 2010
31 So. 3d 917 (Fla. Dist. Ct. App. 2010)

Opinion

No. 3D10-154.

March 31, 2010.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.

Randy Martin, in proper person.

Bill McCollum, Attorney General, for appellee.

Before, COPE, ROTHENBERG, and SALTER, JJ.


Affirmed.


The trial court's order is in error in stating that the motion to correct illegal sentence dated December 4, 2009, raises the same issue as an earlier rule 3.800(a) motion filed by defendant-appellant Martin on November 14, 2009.

In the current motion the defendant's claim is that the Department of Corrections has not provided him with proper credit for prison time (not jail time) served between his original sentencing date of January 9, 1990 and the August 4, 1995 resentencing. However, the resentencing was nunc pro tunc to January 9, 1990, and the Department of Corrections' calculation attached to the defendant's motion appears to me to be correct. If the defendant believes it is not correct, then the defendant must exhaust his administrative remedies through the inmate grievance procedure in the Department of Corrections. See Salazar v. State, 892 So.2d 545 (Fla. 3d DCA 2005).

Because the correct result was reached by the trial court, I join the affirmance.


Summaries of

Martin v. State

District Court of Appeal of Florida, Third District
Mar 31, 2010
31 So. 3d 917 (Fla. Dist. Ct. App. 2010)
Case details for

Martin v. State

Case Details

Full title:Randy MARTIN, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 31, 2010

Citations

31 So. 3d 917 (Fla. Dist. Ct. App. 2010)

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