SMILEY V. STATE

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Third District Court of Appeal State of Florida, July Term, A.D. 2013 Opinion filed September 25, 2013. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D13-1823 Lower Tribunal No. 99-32534 ________________ Michael B. Smiley, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Rodney Smith, Judge. Michael B. Smiley, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before WELLS and LOGUE, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. As the trial judge correctly noted, any credit for the time defendant served between the date of the sentence and his transfer to the Florida Department of Corrections is calculated by the Florida Department of Corrections. For this reason, the trial judge s decision is affirmed without prejudice to the defendant filing an appropriate administrative or other proceeding in the event that such time was not properly calculated by the Department. Affirmed. 2

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