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991 So. 2d 426

Docket No. 5D08-2816.

McGruder v. State

Gregory McGRUDER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 26, 2008.

District Court of Appeal of Florida · decided 2008-09-26

Relies on Cioni v. State

Decided 2008-09-26

¶1Gregory McGruder, Carrabelle, pro se.

¶2No Appearance for Appellee.

¶3PER CURIAM.

¶4Gregory McGruder appeals the trial court's denial of his postconviction motion, pursuant to Florida Rule of Criminal Procedure 3.800, seeking credit for twelve days served at the Brevard County Jail. This appeal is premature because McGruder must first pursue and exhaust his administrative remedies with the Department of Corrections to obtain the additional credit for time served. See Tarrand v. State,809 So.2d 66 (Fla. 5th DCA 2002). If the Department of Corrections denies his request, he may seek mandamus relief at the circuit court. Id. Consequently, the denial of McGruder's rule 3.800 motion is affirmed without prejudice to seek an administrative remedy.

¶5AFFIRMED.

¶6GRIFFIN, LAWSON and COHEN, JJ., concur.

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