GUILLERMO RAMOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, Judge.
Guillermo Ramos appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Ramos claims he is entitled to an additional 31 days of credit for time served in jail before sentencing. The trial court correctly held that the proper vehicle-for seeking additional jail time credit, when the sentence imposed does not exceed the statutory maximum, is Florida Rule of Criminal Procedure 3.850. See Brown v. State, 689 So. 2d 1280 (Fla. 5th DCA 1997); Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996). However, the trial court also held that Ramos’ claim was refuted by the at tached record. Our review of the record indicates that he may, in fact, be entitled to the additional credit. Therefore, we affirm the trial court’s order, without prejudice to Ramos to file a timely Rule 3.850 motion.
AFFIRMED WITHOUT PREJUDICE.
DAUKSCH and GOSHORN JJ., concur.
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Williams v. State, 705 So. 2d 1032 (Fla. 2d DCA 1998)…sentence. The trial court denied relief, reasoning that attacks on a trial court’s determination of credit for time served may only be raised collaterally in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850, citing Ramos v. State, 697 So. 2d 231 (Fla. 5th DCA 1997), and Brown v. State, 700 So. 2d 393 (Fla. 1st DCA 1997). Reliance on the foregoing cases, however, overlooks Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA), review granted, 699 So. 2d 1376 (Fla.1997), in which this court acknowledg…
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Chance Wayne Henderson v. State, 701 So. 2d 1276 (Fla. 5th DCA 1997)…PER CURIAM. AFFIRMED. See Ramos v. State, 697 So. 2d 231 (Fla. 5th DCA 1997); Brown v. State, 689 So. 2d 1280 (Fla. 5th DCA 1997); Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996). DAUKSCH, W. SHARP and PETERSON, JJ., concur.…
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Vanderblomen v. State, 709 So. 2d 144 (Fla. 1st DCA 1998)…ot be raised in a 3.800(a) motion unless the denial of the claimed credit had resulted in a sentence that exceeded the statutory maximum for a particular offense. See Chaney v. State, 678 So. 2d 880, 881 (Fla. 5th DCA 1996); see also Ramos v. State, 697 So. 2d 231, 231 (Fla. 5th DCA 1997); Brown v. State, 689 So. 2d 1280 (Fla. 5th DCA 1997). This interpretation of the “maximum allowed by law” language in Davis and Callaway ultimately proved to be correct when the Court explained in King v. State, 681 So. 2d 1…
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- Quinten Edward Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996)
- Brown v. State, 689 So. 2d 1280 (Fla. 5th DCA 1997)