Katwaroo v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 DERYCK L. KATWAROO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-4152 [December 27, 2006] PER CURIAM. Affirmed. The trial court denied appellant s motion for reduction, modification or correction of sentence as legally insufficient. We agree, as it did not allege the type of error that can be corrected pursuant to rule 3.800. Instead, appellant challenges the conditions of his confinement, which is a claim properly addressed by administrative proceedings and then, after exhaustion of administrative remedies, see Taylor v. Perrin, 654 So. 2d 1019 (Fla. 1st DCA 1995), by petition for writ of habeas corpus which must be brought in the jurisdiction in which he is being held. See Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999). WARNER, GROSS and TAYLOR, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; William J. Berger, Judge; L.T. Case No. 05-8283 CFA02. Deryck L. Katwaroo, Punta Gorda, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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