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809 So. 2d 66

Docket No. 5D01-3744.

Tarrand v. State

Marcus TARRAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 8, 2002.

District Court of Appeal of Florida · decided 2002-02-08

Relies on Williams v. State

Decided 2002-02-08

¶1Marcus Tarrand, Orlando, pro se.

¶2No Appearance for Appellee.

¶3SHARP, W., J.,

¶4Tarrand appeals from the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), for jail time credit. He alleges the trial court properly awarded him 129 days of jail time credit, but that the Department of Corrections is only crediting him with 43 days. We affirm.

¶5As the trial court properly noted, Tarrand has not availed himself of the administrative inmate grievance procedure established by the Department of Corrections. Only after he has exhausted his administrative remedy can he seek a remedy in the circuit court and, in that event, by filing petition for mandamus. See Williams v. State, 673 So.2d 873 (Fla. 1st DCA 1996); Under the circumstances, our affirmance is without prejudice to seek an administrative remedy.

¶6AFFIRMED.

¶7GRIFFIN and PLEUS, JJ., concur.

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