VASQUEZ V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 LAZARO T. VASQUEZ, Appellant, ** ** vs. ** CASE NO. 3D02-1879 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 94-8172 Appellee. ** Opinion filed October 30, 2002. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Jose M. Rodriguez, Judge. Lazaro T. Vasquez, in proper person. Robert A. Butterworth, Attorney General and Sandra R. Braverman (Fort Lauderdale), Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and LEVY and GREEN, JJ. PER CURIAM. As in Ramos v. State, 823 So. 2d 265 (Fla. 3d DCA 2002), the trial court erroneously denied the appellant s Rule 3.800 claim to credit for time served before sentencing on the ground that required administrative remedies had not been pursued. As the state again agrees, however, such action is required only as to claims to time served post-sentencing. Ramos v. State, 823 So. 2d 265 (Fla. 3d DCA 2002); Garcia v. State, 736 So. 2d 1224 (Fla. 3d DCA 1999). The order is therefore reversed and remanded for an appropriate hearing on the appellant s motion at which he may prevail if the court records demonstrate on their face an entitlement to relief. State v. Mancino, 714 So. 2d 429, 433 (Fla. 1998); Ramos, 823 So. 2d at 265. Reversed and remanded.
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