LEO LEONARD CAMPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, alleging, inter alia, that he was not awarded the proper credit for time served. The trial court, treating appellant’s claim as though filed pursuant to Florida Rule of Criminal Procedure 3.800(a), granted the motion in part and denied in part. This appeal followed.
The documents attached to the trial court’s order indicate that appellant should have received a total of 191 days of jail credit in case number 96-3498-CFA; the trial court awarded 148 days. Accordingly, we reverse and remand for the trial court to either award the appropriate credit or attach documents clearly indicating that appellant is not entitled to the additional credit. The order of the trial court is affirmed in all other respects.
ERVIN, VAN NORTWICK and BROWNING, JJ., CONCUR.
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Brooks v. State, 816 So. 2d 199 (Fla. 1st DCA 2002)…029. But, in the circumstances of the present case, denial of the petition on account of a pleading deficiency ought not foreclose all possibility of relief. See generally Brown v. State, 802 So. 2d 526, 527-28 (Fla. 1st DCA 2001); Hickey v. State, 763 So. 2d 1213, 1214 (Fla. 1st DCA 2000) (“We believe movant should be given a short, specific period of time beyond the limitation period to cure the procedural defect.”); Brown v. State, 689 So. 2d 1280, 1280 (Fla. 5th DCA 1997) (“We affirm ... without prejudice…
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Pridgeon v. State, 887 So. 2d 427 (Fla. 1st DCA 2004)…this deficiency, which was denied, our affirmance is without prejudice to appellant’s right to file in the trial court an amended motion which is properly sworn to within 30 days of the date on which this court’s mandate issues. See Hickey v. State, 763 So. 2d 1213 (Fla. 1st DCA 2000). AFFIRMED. WOLF, C.J.; WEBSTER and HAWKES, JJ., concur.…
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Mann v. State, 937 So. 2d 722 (Fla. 3d DCA 2006)…owever, I would afford appellant thirty days from the date of this court’s mandate within which to file an amended motion which complies with Florida Rule of Criminal Procedure 3.850, either pro se or with proper representation. See Hickey v. State, 763 So. 2d 1213 (Fla. 1st DCA 2000).…
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