JEAN M. TRANQUILLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Jean Tranquille appeals the summary denial of his motion to correct an illegal sentence brought pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm but write to address one issue raised by Tranquille — that he was not awarded all of the jail time credit to which he is entitled. Although such a claim is cognizable in a rule 3.800 proceeding, Tranquille’s motion is facially insufficient because it does not affirmatively allege that the court records show an entitlement to relief on their face. See State v. Mancino, 714 So. 2d 429 (Fla.1998). Our affirmance, however, is without prejudice to Tranquille raising this issue in a facially sufficient motion pursuant to rule 3.800 if he is able to do so. See, e.g., Garcia v. State, 732 So. 2d 8 (Fla. 2d DCA 1999).
BLUE, A.C.J., and CASANUEVA and DAVIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Columbro v. State, 777 So. 2d 1208 (Fla. 5th DCA 2001)…e an entitlement to relief. Defendant has made no such allegation in this case and, in fact, it appears that the attachments provided were not part of the court record. See, e.g., Lee v. State, 754 So. 2d 74 (Fla. 4th DCA 2000); Tranquille v. State, 747 So. 2d 426 (Fla. 2d DCA 1999). We also observe that Rule 3.800 is particularly unsuited to claims for credit based on custodial in-patient treatment. See Nowell v. State, 742 So. 2d 345 (Fla. 5th DCA 1999). In the present case, defendant is seeking credit fo…
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Washburn v. State, 805 So. 2d 1057 (Fla. 1st DCA 2002)…e is without prejudice to the appellant’s right to refile a facially sufficient motion under rule 3.800, if he is able to do so. The present denial will not stand as a bar to a successive motion raising [*1058] these claims. See Tranquille v. State, 747 So. 2d 426 (Fla. 2d DCA 1999). AFFIRMED. BOOTH, BARFIELD, and PADOVANO, JJ., concur.…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Garcia v. State, 732 So. 2d 8 (Fla. 2d DCA 1999)
- Tejera v. State, 732 So. 2d 8 (Fla. 3d DCA 1999)