WESLEY BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A claim for additional jail time credit is not cognizable under Rule 3.800(a) unless the denial causes the sentence to exceed the statutory maximum.
Brown appealed the summary denial of his amended motion for jail time credit filed under Rule 3.800(a). The trial court did not attach sufficient docu…
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W. SHARP, Judge.
Brown appeals from the summary denial of his amended motion for jail time credit, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court attached no documents to its summary denial sufficient to demonstrate Brown is not entitled to more than 163 days of credit. And, his motion was filed prior to the expiration of the two-year time limit for filing a rule 3.850 motion.
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). That exception is not applicable in this case. Accordingly, Brown should have raised his claim for additional time credit in a rule 3.850 motion.
We affirm the denial of Brown’s motion filed pursuant to rule 3.800(a). However, under the circumstances of this case, our denial is without prejudice to Brown to file, within 30 days of this opinion, a rule 3.850 motion raising this issue.
AFFIRMED.
DAUKSCH and ANTOON, JJ., concur.
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Doyle Fryer v. State, 732 So. 2d 30 (Fla. 5th DCA 1999)…itting the charged offense. State v. Wimberly, 498 So. 2d 929 (Fla.1986); Thompson v. State, 487 So. 2d 311, 312 (Fla. 5th DCA), review denied, 494 So. 2d 1153 (Fla.1986). We find no merit in the state’s harmless error argument. See Macri v. State, 689 So. 2d 1280 (Fla. 5th DCA 1997). REVERSED and REMANDED. COBB and PETERSON, JJ., concur. . The elements of carjacking, a first-degree felony, are that: (1) the defendant took a motor vehicle from the person or custody of the victim; (2) the defendant used for…
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Moreland v. State, 700 So. 2d 800 (Fla. 4th DCA 1997)…urt stated in Sullivan, the supreme court provided in Davis v. State, 661 So. 2d 1193, 1196 (Fla.1995), that a sentence was illegal, and therefore cognizable under rule 3.800(a), only if it exceeded the maximum allowed by law. Accord Brown v. State, 689 So. 2d 1280 (Fla. 5th DCA 1997); Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996). But see Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997); Gonzalez v. State, 678 So. 2d 433 (Fla. 3d DCA 1996). Otherwise, according to Sullivan, a claim for such relief would…
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Brooks v. State, 816 So. 2d 199 (Fla. 1st DCA 2002)…02 So. 2d 526, 527-28 (Fla. 1st DCA 2001); Hickey v. State, 763 So. 2d 1213, 1214 (Fla. 1st DCA 2000) (“We believe movant should be given a short, specific period of time beyond the limitation period to cure the procedural defect.”); Brown v. State, 689 So. 2d 1280, 1280 (Fla. 5th DCA 1997) (“We affirm ... without prejudice to Brown to file, within 30 days of this opinion, a rale 3.850 motion raising this issue.”); Thomas v. State, 686 So. 2d 699, 700 (Fla. 4th DCA 1996) (affirming “the trial court’s order of…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996)
- Artis Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996)
- Quinten Edward Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996)
- Bigham v. State, 679 So. 2d 1253 (Fla. 2d DCA 1996)
- Gibbs v. State, 676 So. 2d 79 (Fla. 3d DCA 1996)
- Everitte L. Forbes v. State, 676 So. 2d 79 (Fla. 3d DCA 1996)