RUFUS MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RUFUS MITCHELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
696 So. 2d 957
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
The trial court granted in part and denied in part appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800, giving appellant a jail time credit against only the sentence which consigned appellant to imprisonment for the statutory maximum time allowed for the felony forming the basis for the sentence. We affirm based on Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996), and again certify the following question to the Florida Supreme Court:
DOES DAVIS V STATE, 661 So. 2d 1193 (Fla.1995), APPLY TO MOTIONS FILED UNDER RULE 3.800 REQUESTING JAIL CREDIT SO THAT SUCH MOTIONS MAY NOT BE RAISED WHERE THE SENTENCE WOULD NOT EXCEED THE MAXIMUM SENTENCE ALLOWED BY LAW?
GUNTHER, WARNER and FARMER, JJ., concur.
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Moreland v. State, 700 So. 2d 800 (Fla. 4th DCA 1997)…mum for each one. Therefore, any error in crediting him with jail time could cause him to serve a sentence in excess of the maximum allowed by law, making it an illegal sentence under Davis, and cognizable under rule 3.800(a). See Mitchell v. State, 696 So. 2d 957 (Fla. 4th DCA 1997) (affirming trial court’s order granting rule 3.800(a) motion in part, giving appellant jail time credit against only sentence which consigned him to imprisonment for the statutory maximum allowed for the offense); see also Sulliv…
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Kitchen v. State, 764 So. 2d 868 (Fla. 4th DCA 2000)…tate, 480 So. 2d 91 (Fla.1985). Generally, a postconviction claim that counsel was ineffective in failing to investigate and present a defense of voluntary intoxication to a specific intent crime is a facially sufficient claim. See Wilson v. State, 696 So. 2d 957 (Fla. 1st DCA 1997). Counsel may make a tactical decision not to pursue a voluntary intoxication defense, but a trial court’s finding that such a decision was tactical usually is inappropriate without an evidentiary hearing. See Guisasola v. State,…
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Kijewski v. State, 831 So. 2d 757 (Fla. 4th DCA 2002)…Stat. (1999) (effective October 1,1999). A post-conviction claim that counsel was ineffective in failing to investigate and present a defense of voluntary intoxication to a specific intent crime is a facially sufficient claim. See Wilson v. State, 696 So. 2d 957 (Fla. 1st DCA 1997). Counsel may make a tactical decision not to pursue a voluntary intoxication defense, but a trial court’s finding that such a decision was tactical usually is inappropriate without an evidentiary hearing. See Guisasola v. State,…
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- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996)