NELSON v. STATE (2020)

District Court of Appeal of Florida, Third District.

Jeffrey NELSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-1558

Decided: January 02, 2020

Before FERNANDEZ, LOGUE, and MILLER, JJ.

Jeffrey Nelson, in proper person. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

UPON PARTIAL CONFESSION OF ERROR

Appellant, Jeffrey Nelson, a sentenced prisoner, housed in Suwannee County under the custody of the Florida Department of Corrections, challenges the lower court's order denying his motion to correct illegal sentence. In his motion, Nelson contended the Department improperly calculated his gain time following his resentencing. Because Nelson did not claim entitlement to immediate release, the proper vehicle for such a challenge is a writ of mandamus filed in Leon County, where the Department is headquartered. See Bush v. State, 945 So. 2d 1207 (Fla. 2006).

Accordingly, we reverse and remand with instructions to the trial court to transfer the case to Leon County.

Reversed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network