QUINTEN EDWARD CHANEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Quinten Edward Chaney appeals the denial of his motion for jail time credit filed pursuant to Florida Rule of Procedure 3.800(a). Chaney claims the trial court orally awarded him 349 days jail time credit, but the written sentence only reflects 131 days credit. The trial court denied Chaney’s motion finding that the attached commitment papers confirmed he was awarded the jail time credit announced in court, 131 days. We affirm.
Chaney alleges that his sentence is illegal for the second degree felony of robbery. He was sentenced to ten years imprisonment, with credit for 131 days, a term well within the statutory maximum.1 A sentence within the statutory maximum is a legal sentence and not subject to review in a rule 3.800(a) motion but rather a motion for postconvietion relief pursuant to rule 3.850. State v. Callaway, 658 So. 2d 983 (Fla.1995); Davis v. State, 661 So. 2d 1193 (Fla.1995); Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996); Barfield v. State, 671 So. 2d 820 (Fla. 1st DCA 1996).
AFFIRMED.
COBB, W. SHARP and THOMPSON, JJ., concur. . See §§ 812.13(2) and 775.082(3)(c), Fla. Stat. . (1991).
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Cited By (12 total)
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State v. Mancino, 714 So. 2d 429 (Fla. 1998)…ino v. State, 693 So. 2d 73 (Fla. 2d DCA 1997), which the district court certified to be in conflict with the opinions in Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996); and Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we approve Maneino. We hold that a claim of credit for jail time served is cognizable in a rule 3.800 motion to the extent that court records…
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Brown v. State, 689 So. 2d 1280 (Fla. 5th DCA 1997)…on. This court has ruled that a claim for additional credit for time served is not cognizable in a rule 3.800(a) motion, unless the denial of credit caused a defendant’s sentence to exceed the statutory maximum allowed by law. See Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996). See also See Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996). But see, Bigham v. State, 679 So. 2d 1253 (Fla. 2d DCA 1996); Hood v. State, 676 So. 2d 79 (Fla. 3d DCA 1996…
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Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997)…that the trial court neglected to ayvard him twelve days’ county jail credit prior to the imposition of the sentence he is currently serving. In so doing, we certify that this decision is in direct conflict with Berry, Sullivan, and Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996). Affirmed in part, reversed in part, and remanded. CAMPBELL, A.C.J., and PATTERSON and BLUE, JJ., concur. . The Fifth District is aligned with those courts which have certified the question to the Supreme Court of Florida. Cha…1 / 2
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996)
- Desi Arnez Barfield v. State, 671 So. 2d 820 (Fla. 1st DCA 1996)