JIMMIE L. EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of jail-time credit motion filed under Rule 3.800(a), holding that such motions are improper vehicles for claiming credit absent an allegation that denial would exceed the statutory maximum sentence.
A motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is not the appropriate vehicle to claim credit for jail or prison time previously served when there is no allegation that denial of such credit will cause the sentence to exceed the statutory maximum for the offense.
[1] A motion for jail-time credit filed under Florida Rule of Criminal Procedure 3.800(a) is improper when the movant does not allege that denial of credit will cause the sen…
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Join FLexlaw to unlock all legal intelligenceAppellant Edwards sought review of an order denying his motion requesting credit for jail time, filed pursuant to Florida Rule of Criminal Procedure 3…
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PER CURIAM.
Appellant seeks review of an order denying his motion requesting credit for jail time, purportedly filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We have previously held that a motion filed pursuant to rule 3.800(a) is not the appropriate vehicle by which to claim credit for jail or prison time previously served when there is no allegation that the denial of such credit will cause the sentence to exceed the statutory maximum for the offense. Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996). We now reaffirm that holding. Because appellant’s motion was not properly sworn to, we are unable to treat it as if filed pursuant to rule 3.850. Sugar v. State, 655 So. 2d 1271 (Fla. 1st DCA 1995). Accordingly, we affirm. However, as in Berry, we certify the following question as one of great public importance:
DOES THE DEFINITION OF AN “ILLEGAL SENTENCE” IN DAVIS V STATE, 661 So. 2d 1193 (Fla.1995), AND STATE V. CALLAWAY, 658 So. 2d 983 (Fla.1995), APPLY TO MOTIONS FILED PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(a) REQUESTING CREDIT FOR JAIL OR PRISON TIME, PRECLUDING CONSIDERATION OF SUCH MOTIONS PURSUANT TO THAT RULE WHEN THERE IS NO CLAIM THAT DENIAL OF CREDIT WILL RESULT IN A SENTENCE WHICH EXCEEDS THE STATUTORY MAXIMUM FOR THE OFFENSE?
AFFIRMED.
MINER, ALLEN and WEBSTER, JJ., concur.
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Citator
Cited By
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Vanderblomen v. State, 709 So. 2d 144 (Fla. 1st DCA 1998)…his issue of whether all claims for additional presentencing jail or prison credit still could be raised in 3.800(a) motions. While this court adopted the approach taken by the Fourth and Fifth District Courts of Appeal, see, e.g., Edwards v. State, 700 So. 2d 444 (Fla. 1st DCA 1997); Barfield v. State, 671 So. 2d 820 (Fla. 1st DCA 1996); Gibbs v. State, 685 So. 2d 88 (Fla. 1st DCA 1996), review dismissed, 692 So. 2d 185 (Fla.1997); Berry v. State, 684 So. 2d 239, 240 (Fla. 1st DCA 1996), the Second District…
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Denty v. State, 731 So. 2d 789 (Fla. 1st DCA 1999)…to treat the appellant’s timely, sworn motion as if it had been filed under Florida Rule of Criminal Procedure 3.850, and conduct an evidentiary hearing. See generally, e.g., Turner v. State, 670 So. 2d 1031 (Fla. 2d DCA 1996). Cf. Edwards v. State, 700 So. 2d 444, 445 (Fla. 1st DCA 1997) (holding court unable to treat an unsworn motion seeking credit for jail time under Florida Rule of Criminal Procedure 3.800 “as if filed pursuant to rule 3.850”). On review of prior orders denying collateral motions seeki…
Authorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Artis Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996)
- Sugar v. State, 655 So. 2d 1271 (Fla. 1st DCA 1995)