Florida District Courts of Appeal, 2002

Ramos v. State

Ramos v. State
Florida District Courts of Appeal · Decided August 7, 2002 · Schwartz, C.J., and Gersten and Sorondo
823 So. 2d 265; 2002 WL 1800986 (Southern Reporter, Second Series)

Ramos v. State

Opinion

823 So.2d 265 (2002)

Ramon RAMOS, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D02-937.

District Court of Appeal of Florida, Third District.

August 7, 2002.

Ramon Ramos, in proper person.

Robert A. Butterworth, Attorney General and Sandra R. Braverman (Fort Lauderdale), Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and SORONDO, JJ.

SCHWARTZ, Chief Judge.

The defendant appeals from, and we reverse, the denial without evidentiary hearing of his application for Rule 3.800 relief which claimed that he had been improperly denied credit for time served prior to sentencing. The order below was based on the holding that the defendant must pursue administrative remedies in the Department of Corrections prior to seeking court relief. As the State agrees, however, this rule applies only to claims to time served after sentencing. See Garcia v. State, 736 So.2d 1224 (Fla. 3d DCA 1999); Hidalgo v. State, 729 So.2d 984 (Fla. 3d DCA 1999). The cause is remanded for an appropriate hearing on the appellant's motion at which he may prevail if "the court records demonstrate on their face an entitlement to relief." State v. Mancino, 714 So.2d 429, 433 (Fla. 1998); Thurman v. State, 811 *266 So.2d 872 (Fla. 3d DCA 2002); Garcia, 736 So.2d at 1224.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.