Steven Baxter vs State of Florida

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D18-4870 _____________________________ STEVEN BAXTER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Leon County. Robert E. Long, Judge. December 19, 2019 PER CURIAM. Steven Baxter seeks a determination as to his jail credit. We affirm the trial court’s order, which held that Baxter is entitled to additional credits, but note that when a trial court has awarded a defendant jail credit, “the Department of Corrections has primary responsibility for calculating the credit.” Hardenbrook v. State, 953 So. 2d 717, 719 (Fla. 1st DCA 2007). If the Department of Corrections fails in its responsibility, “the prisoner must first seek relief from the Department.” Id; see also Rood v. State, 790 So. 2d 1192 (Fla. 1st DCA 2001) (to remedy error regarding the application of credit to his sentence, “appellant must exhaust available administrative remedies.”). AFFIRMED. WOLF, MAKAR, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Steven Baxter, pro se, Appellant. Ashley Moody, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee. 2

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