Florida District Courts of Appeal, 1998

Cooper v. State

Cooper v. State
Florida District Courts of Appeal · Decided July 29, 1998 · Douglass, Lawrence, Shivers, Webster
715 So. 2d 330; 1998 Fla. App. LEXIS 9591; 1998 WL 422711 (Southern Reporter, Second Series)

Cooper v. State

Opinion of the Court

PER CURIAM

Appellant seeks review of the trial court’s order denying what is titled a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Although titled a motion to correct an illegal sentence, it appears that the motion is actually in the nature of a petition for a writ of mandamus, seeking to compel the Department of Corrections to credit him with prison time previously awarded by the trial court. Because the motion does not name the proper respondent or allege that appellant has exhausted his available administrative remedies, we affirm.

WEBSTER and LAWRENCE, JJ„ and SHIVERS, DOUGLASS B„ Senior Judge, concur.

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