NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED.
IN THE DISTRICT COURT OF APPEAL
JAMES E. BATTLES,
STATE OF FLORIDA,
CASE NO. 2D01-2502
Opinion filed October 31, 2001.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court
for Pinellas County;
Philip J. Federico, Judge.
James E. Battles appeals the summary denial of his motion for additional jail
credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, he
stated the trial court awarded him 304 days of credit in lower court case number
99-14796, and fifteen days of credit in case number 99-5127. He alleged his sentences
should be corrected because he was incarcerated for 319 days prior to sentencing in both
The trial court denied Battles' claim and attached a portion of the record
which indicates Battles was correctly awarded 304 days of credit in case number
99-14796, but he should have received sixteen days of credit in case number 99-5127.
Therefore, we reverse the trial court's order and remand with the direction that his sentence
be corrected to award him one additional day of credit in case number
99-5127. In addition, if Battles believes the records provided by the trial court are
incorrect, he may assert his right to any remedy available to him under rule 3.850. See
Hamilton v. State, 752 So. 2d 133 (Fla. 2d DCA 2000).
Battles also alleged in his motion that notwithstanding the trial court's
sentence, the Department of Corrections only awarded him fifteen days of credit in each
case. This claim must first be raised administratively with the Department of Corrections,
and if further proceedings are required, by petition for a writ of mandamus with the
appropriate trial court. See Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000).
Reversed and remanded.
BLUE, C.J., and DAVIS, J., Concur.