JEFFREY ERVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of an order denying his motion requesting credit for jail time pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.
To the extent that appellant seeks post-sentence jail credit, our affirmance is without prejudice to his right to pursue an administrative remedy. See Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991). To the extent that appellant seeks pre-sentence jail credit, he has not alleged that the denial of such credit will cause his sentence to exceed the statutory maximum. Therefore, his claim is not cognizable under rule 3.800(a). See Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996). We recognize that the Second District Court of Appeal continues to permit such claims to be brought pursuant to rule 3.800(a), as reflected in its recent opinion in Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA), review granted, 699 So. 2d 1376 (Fla.1997).
Accordingly, we certify conflict with that decision.
AFFIRMED.
MINER, KAHN and WEBSTER, JJ., concur.
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Jackson v. State, 818 So. 2d 539 (Fla. 2d DCA 2002)…without other evidence. It was equally plausible that Jackson had purchased the six baggies of cocaine for his personal use. Individual packaging of similar amounts of cocaine has been deemed insufficient to show intent to sell. See Nelson v. State, 707 So. 2d 405, 406 (Fla. 5th DCA 1998) (holding that evidence of six individually wrapped pieces of cocaine was insufficient to support conviction of possession with intent to sell); Williams v. State, 569 So. 2d 1376, 1377 (Fla. 2d DCA 1990) (vacating conviction…
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Valentin v. State, 974 So. 2d 629 (Fla. 4th DCA 2008)…eld that the “quantity, even as packaged, was not so large as to imply an intent to sell without other evidence,” as it “was equally plausible that Jackson had purchased the six baggies of cocaine for his personal use.” Id. See also Nelson v. State, 707 So. 2d 405, 406 (Fla. 5th DCA 1998) (six packages which each contained a piece of cocaine did not establish intent to sell); D.R.C. v. State, 670 So. 2d 1183 (Fla. 5th DCA 1996) (evidence that officers observed the accused discard twenty-three separate, un [*6…
Authorities Cited
- Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991)
- Artis Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996)
- Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997)