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829 So. 2d 341

Vasquez v. State

District Court of Appeal of Florida

Decided October 30, 2002

District Court of Appeal of Florida · decided 2002-10-30

Relies on 714 So. 2d 429 - State v. Mancino · Garcia v. State · Ramos v. State

Decided 2002-10-30

PER CURIAM.

¶1As 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.

¶2Reversed and remanded.

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