JOHN QUARTUCCI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the order denying appellant’s motion to correct illegal sentence, seeking additional jail time credit, without prejudice to his filing (1) a rule 3.800 motion that affirmatively states where in the record the information concerning his jail service can be found and how the record demonstrates his entitlement to the additional days of jail time credit sought, or (2) a properly sworn rule 3.850 motion challenging the sentence based on the failure to award all jail time credit to which appellant is entitled. See Daily v. State, — So. 2d -, 1999 WL 212859 (Fla. 4th DCA Apr.7, 1999); Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998); State v. Mancino; 714 So. 2d 429, 433 (Fla.1998).
Any rule 3.850 motion must be filed within the two-year time period provided by Florida Rule of Criminal Procedure 3.850(b) or within thirty days of the issuance of this court’s mandate in the instant case, whichever is later. GUNTHER, WARNER and KLEIN, JJ., concur.
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Citator
Cited By
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LEE v. State, 754 So. 2d 74 (Fla. 4th DCA 2000)…two year deadline to seek post conviction relief under Florida Rules of Criminal Procedure 3.850(b). The trial court quite properly denied the motion as legally insufficient and time-barred. In conformance with our decisions in Quartucci v. State, 736 So. 2d 1247 (Fla. 4th DCA 1999), Daily v. State, 750 So. 2d 37 (Fla. 4th DCA 1999) and Carridine v. State, 741 So. 2d 616 (Fla. 4th DCA 1999), the denial, however, should have been without prejudice to Appellant to file a new motion correcting the pleading defi…1 / 2
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Carridine v. State, 741 So. 2d 616 (Fla. 4th DCA 1999)…that information could be located. The trial court quite properly denied the motion as legally insufficient. The denial should have been without prejudice to Carridine to file a new motion that corrects the pleading deficiency. Quartucci v. State, 736 So. 2d 1247, 24 Fla. L. Weekly D1520 (Fla. 4th DCA 1999); Daily v. State, — So. 2d -, 24 Fla. L. Weekly D949, 1999 WL 212859 (Fla. 4th DCA Apr.7, 1999). Accordingly, our affir- [*617] manee is without prejudice to file either (1) a rule 3.800 motion that affirm…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)