KEVIN THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1998-07-15
No. 98-1772
STONE, STEVENSON and SHAHOOD, JJ., concur.
712 So. 2d 848 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the summary denial of Kevin Thomas’ Motion for Time Served. While this appeal was pending the Florida Supreme Court decided State v. Mancino, 714 So. 2d 429 (Fla.1998). Mancino held that an alleged error in the trial court’s award for jail credit can be raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) “when it is affirmatively alleged that the trial court records demonstrate on then-face an entitlement to relief.” Id. at 433. There is no such allegation in Thomas’ motion.

If the court file in Thomas’ case supports his claim, he should not be denied the opportunity to file a new motion including that allegation. Therefore, affirmance is without prejudice.

AFFIRMED.

STONE, STEVENSON and SHAHOOD, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Pace v. State, 760 So. 2d 978 (Fla. 4th DCA 2000)
    …e denial of the motion to correct illegal sentence filed by appellant Frank Pace, without prejudice to file a new motion for credit for time served, which satisfies the requirements of State v. Mancino, 714 So. 2d 429 (Fla.1998) and Thomas v. State, 712 So. 2d 848 (Fla. 4th DCA 1998). Affirmance is with prejudice on the remaining grounds. WARNER, C.J., TAYLOR and HAZOURI, JJ., concur.…
  • Howard v. State, 793 So. 2d 98 (Fla. 4th DCA 2001)
    …PER CURIAM. Affirmed, without prejudice to appellant filing a motion that satisfies the requirements of State v. Mancino, 714 So. 2d 429 (Fla.1998) and Thomas v. State, 712 So. 2d 848 (Fla. 4th DCA 1998). DELL, FARMER, and GROSS, JJ., concur.…
  • Harris v. State, 834 So. 2d 908 (Fla. 4th DCA 2003)
    …ithout prejudice to appellant filing a facially sufficient motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800 that satisfies the requirements of State v. Mancino, 714 So. 2d 429 (Fla.1998) and Thomas v. State, 712 So. 2d 848 (Fla. 4th DCA 1998). See Andujar v. State, 808 So. 2d 271 (Fla. 2d DCA 2002). POLEN, C.J., GUNTHER and FARMER, JJ., concur.…

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