BAXTER v. STATE (2019)

District Court of Appeal of Florida, First District.

Steven BAXTER, Appellant, v. STATE of Florida, Appellee.

No. 1D18-4870

Decided: December 19, 2019

Steven Baxter, pro se, Appellant. Ashley Moody, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

Steven Baxter seeks a determination as to his jail credit. We affirm the trial court's order, which held that Baxter is entitled to additional credits, but note that when a trial court has awarded a defendant jail credit, “the Department of Corrections has primary responsibility for calculating the credit.” Hardenbrook v. State, 953 So. 2d 717, 719 (Fla. 1st DCA 2007). If the Department of Corrections fails in its responsibility, “the prisoner must first seek relief from the Department.” Id; see also Rood v. State, 790 So. 2d 1192 (Fla. 1st DCA 2001) (to remedy error regarding the application of credit to his sentence, “appellant must exhaust available administrative remedies.”).

Affirmed.

Per Curiam.

Wolf, Makar, and Bilbrey, JJ., concur.

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