MARK WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse and remand the trial court’s summary denial, without any record attachments, of Appellant’s motion for posteonviction relief seeking jail time credit for time served in the Palm Beach County drug farm, filed pursuant to both rale 3.800(a) and rale 3.850, Florida Rules of Criminal Procedure. While a motion for jail time credit is no longer cognizable under rale 3.800(a) unless the denial makes the sentence illegal in that it exceeds the maximum allowed by law, see Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996), such a claim is still cognizable under rule 3.850, see id. at 215 n. 1; Barfield v. State, 671 So. 2d 820, 821 (Fla. 1st DCA 1996).
Accordingly, the order denying relief is reversed and remanded to the trial court for an evidentiary hearing or attachment of portions of the record conclusively showing that Appellant is entitled to no relief. In so doing, however, this court makes no determination as to whether a prisoner is entitled to jail time credit for time served in the drug farm. See Robinson v. State, 689 So. 2d 1147, 1149 n. 1 (Fla. 4th DCA 1997); Whitehead v. State, 677 So. 2d 40 (Fla. 4th DCA 1996).
GUNTHER, STEVENSON and SHAHOOD, JJ., concur.
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Williams v. State, 711 So. 2d 1369 (Fla. 4th DCA 1998)…orida Rule of Criminal Procedure 3.850, seeking jail time credit for ten months spent in the Palm Beach County Sheriffs Office drug farm. We previously reversed a summary denial, without record attachments, of the same motion. See Williams v. State, 699 So. 2d 845 (Fla. 4th DCA 1997). On receiving this court’s mandate, the trial court requested a response from the state and, incorporating the response and record attachments, it again denied the motion. Once again, we reverse. In its response below, the stat…
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Hamilton v. State, 898 So. 2d 172 (Fla. 4th DCA 2005)…DCA 2002); Phillips v. State, 816 So. 2d 1154 (Fla. 4th DCA 2002); Leach v. State, 774 So. 2d 899, 900 (Fla. 4th DCA 2001); Kamerman v. State, 165 So. 2d 63 (Fla. 4th DCA 2000); Rasik v. State, 717 So. 2d 618 (Fla. 4th DCA 1998); Williams v. State, 699 So. 2d 845 (Fla. 4th DCA 1997).…
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Comer v. State, 909 So. 2d 460 (Fla. 4th DCA 2005)…th DCA 2002); Kamerman v. State, 765 So. 2d 63 (Fla. 4th DCA 2000); Rasik v. State, 717 So. 2d 618 (Fla. 4th DCA 1998); Johnson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002); Leach v. State, 774 So. 2d 899, 900 (Fla. 4th DCA 2001); Williams v. State, 699 So. 2d 845 (Fla. 4th DCA 1997); Carrier v. State, 894 So. 2d 1041, 1042 (Fla. 4th DCA 2005); Smith v. State, 849 So. 2d 409, 409 (Fla. 4th DCA 2003). Whitehead and its progeny are no longer valid on this point of law. Toney and Molina, as approved by Cregan,…
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- Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996)
- Whitehead v. State, 677 So. 2d 40 (Fla. 4th DCA 1996)
- Robinson v. State, 689 So. 2d 1147 (Fla. 4th DCA 1997)
- Desi Arnez Barfield v. State, 671 So. 2d 820 (Fla. 1st DCA 1996)