FLOYD SPIVEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FLOYD SPIVEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
737 So. 2d 604
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm the denial of Spivey’s motion to correct jail time credit, without prejudice to Spivey’s ability to file a properly pled rule 3.800(a) motion in the trial court. State v. Mancino, 714 So. 2d 429, 433 (Fla. 1998) (“[Cjredit time issues are cognizable in a rule 3.800 motion when it is affirmatively alleged that the court records demonstrate on their face an entitlement to relief.”); Combs v. State, 723 So. 2d 931 (Fla. 1st DCA 1999); Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998).
AFFIRMED.
MINER, BENTON and BROWNING, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hampton v. State, 746 So. 2d 1191 (Fla. 2d DCA 1999)…2d 429, 433 (Fla.1998). Our affirmance is without prejudice to Hampton’s ability to file a proper rule 3.800(a) motion in the circuit court which alleges that the court records demonstrate on their face an entitlement to relief. See Spivey v. State, 737 So. 2d 604 (Fla. 1st DCA 1999); Crompton v. State, 728 So. 2d 1188 (Fla. 1st DCA 1999). If Hampton files such a motion, the circuit court should consult Hampton’s court file and his jail records in determining whether relief is warranted. See Hidalgo v. State,…
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Hoag v. State, 742 So. 2d 348 (Fla. 2d DCA 1999)…affirmance is without prejudice to Hoag’s ability to file a proper [*349] rule 3.800(a) motion in the trial court which alleges that the court records demonstrate on their face an entitlement to relief. See Spivey v. State, 24 Fla. L. Weekly D1681, 737 So. 2d 604 (Fla. 1st DCA 1999); Crompton v. State, 728 So. 2d 1188 (Fla. 1st DCA 1999). Affirmed. FULMER, A.C.J., and STRINGER and DAVIS, JJ., Concur. i…
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Munson v. State, 742 So. 2d 397 (Fla. 2d DCA 1999)…a.1998). Our affirmance is without prejudice to Munson’s ability, if any, to file another rule 3.800(a) motion in the trial court which specifies what court records, on their face, entitle him to relief. See Spivey v. State, 24 Fla. L. Weekly D1681, 737 So. 2d 604 (Fla. 1st DCA 1999); Crompton v. State, 728 So. 2d 1188 (Fla. 1st DCA 1999). Affirmed. NORTHCUTT, A.C.J., and GREEN and DAVIS, JJ., Concur.…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Williamson v. Penni Lane Williamson, 714 So. 2d 1167 (Fla. 3d DCA 1998)
- Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998)
- Pennington v. Caggiano, 723 So. 2d 931 (Fla. 5th DCA 1999)