JOSEPH SAL MANCINO, A/K/A JOSEPH SAL MACKINO, A/K/A PAUL NICOLINO RENO, A/K/A PAUL NICHOLAS CHRISTO, A/K/A PAUL DELUCCA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Judge.
Joseph Mancino challenges the trial court’s order denying his motion for credit time filed pursuant to Florida Rule of Criminal Procedure 3.800. The trial court held that the motion is not cognizable under rule 3.800 and must be raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We have consistently held that rule 3.800 is a proper vehicle for raising a credit time issue where jail credit can be determined from the court records. Swyck v. State, 1997 WL 133930, — So. 2d - (Fla. 2d DCA March 26, 1997).1 We, therefore, reverse and remand for the trial court to consider the merits of Mancino’s motion. We recognize that this is not the majority rule and we certify conflict with 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).
Reversed and remanded.
CAMPBELL, A.C.J., and NORTHCUTT, J., concur. . Where the defendant is seeking jail credit which due to factual matters is not ascertainable from the trial court records, he or she should file a sworn motion pursuant to Florida Rule of Criminal Procedure 3.850. Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993).
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State v. Mancino, 714 So. 2d 429 (Fla. 1998)…PER CURIAM. We have for review the decision in Mancino 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 DC…
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Taylor v. State, 710 So. 2d 636 (Fla. 3d DCA 1998)…aylor was in fact transported to and is now serving the sentence in state prison. This violation of the plea bargain obviously entitles the defendant to 3.850 relief from the sentence, see State v. Leroux, 689 So. 2d 235 (Fla.1996); Booker v. State, 693 So. 2d 73 (Fla. 5th DCA 1997); Turner v. State, 689 So. 2d 1107 (Fla. 2d DCA 1997); Williams v. State, 618 So. 2d 773 (Fla. 5th DCA 1993); Coward v. State, 547 So. 2d 990 (Fla. 1st DCA 1989); Richardson v. State, 432 So. 2d 750 (Fla. 2d DCA 1983). We therefor…
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Roye v. State, 693 So. 2d 1072 (Fla. 5th DCA 1997)…the parties had agreed at the plea hearing, the defendant should have been permitted the opportunity to withdraw his plea and go to trial on all of the charges, including those which were reduced or nolle prosequied. Goins. See also Booker v. State, 693 So. 2d 73 (Fla. 5th DCA 1997). REVERSED AND REMANDED. W. SHARP and GRIFFIN, JJ., concur. . The plea agreement, as announced in open court provided that the defendant would plead as follows: Case No. 93-35459 — guilty as charged to possession of cocaine, m…
Authorities Cited
- Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993)
- 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)