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Grace v. State

District Court of Appeal of Florida, Fourth District
Feb 8, 2006
920 So. 2d 719 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D05-4665.

February 8, 2006.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case Nos. 89-14119 CFA02 90-1232 CFA02.

Derrick Lavon Grace, Miami, pro se.

No appearance required for appellee.


We affirm the summary denial of appellant's rule 3.800(a) motion to correct illegal sentence, challenging the Department of Corrections' calculation of his maximum release date, without prejudice to his seeking mandamus or habeas relief from the appropriate circuit court if necessary after he has exhausted his administrative remedies with the Department. See Thomas v. State, 828 So.2d 1045 (Fla. 4th DCA 2002); Smith v. State, 785 So.2d 1237 (Fla. 4th DCA 2001); see also Key v. State, 874 So.2d 694 (Fla. 4th DCA 2004) (citing Johnson v. Fla. Parole Comm'n, 841 So.2d 615, 617 (Fla. 1st DCA 2003), for the proposition that a mandamus petition is filed in the circuit where the agency is headquartered and a habeas petition where the petitioner is detained).

STEVENSON, C.J., STONE and GROSS, JJ., concur.


Summaries of

Grace v. State

District Court of Appeal of Florida, Fourth District
Feb 8, 2006
920 So. 2d 719 (Fla. Dist. Ct. App. 2006)
Case details for

Grace v. State

Case Details

Full title:Derrick Lavon GRACE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 8, 2006

Citations

920 So. 2d 719 (Fla. Dist. Ct. App. 2006)

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