Martin v. State
Martin v. State
Opinion of the Court
Zackery Martin appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct his sentence.
In his 8.800(a) motion, Martin does not contest the legality of his initial sentence. Rather, he claims that the DOC is not properly awarding him jail credit for the 306 days he was out of custody through no fault of his own and for the remaining time he served on his concurrent federal sentence.
Martin’s request for credit after sentencing does not impact the legality of the sentence that has been imposed, and thus is not a proper claim under rule 3.800(a). Reynolds v. State, 590 So.2d 1043, 1044 (Fla. 1st DCA 1991). His entitlement to relief, if any, is properly sought through administrative proceedings and, if neces.sary, by filing a petition for writ of mandamus in the appropriate circuit court, naming the DOC as respondent. Williams v. State, 673 So.2d 873-74 (Fla. 1st DCA 1996) (citing Barber v. State, 661 So.2d 355 (Fla. 3d DCA 1995); Bowles v. State, 647 So.2d 1056 (Fla. 5th DCA 1994)). Under the circumstances, our affirmance is without prejudice to Martin seeking an appropriate remedy.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.