Prudhomme v. Florida Department of Corrections
This text of 109 So. 3d 276 (Prudhomme v. Florida Department of Corrections) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We affirm without further comment, the trial court’s determination that the sentence imposed in the Third Circuit did not run coterminously with the sentence im[277]*277posed in the Nineteenth Circuit. However, in light of the Department of Correction’s (“the Department”) concession of error, we reverse and remand the trial court’s dismissal, on procedural grounds, Appellant’s claim that the Department failed to properly calculate and apply Appellant’s prison credit to his Third Circuit case. See Osborne v. Tucker, 80 So.3d 413 (Fla. 1st DCA 2012) (reversing and remanding, in light of State’s concession, dismissal of habeas petition for lower court to redesignate petition as a mandamus action and transfer the case to the appropriate court).
AFFIRMED IN PART, REVERSED IN PART, and REMANDED WITH INSTRUCTIONS.
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Cite This Page — Counsel Stack
109 So. 3d 276, 2013 WL 709772, 2013 Fla. App. LEXIS 3216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudhomme-v-florida-department-of-corrections-fladistctapp-2013.