BYRON K. MCKNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Byron K. McKnight appeals the trial court’s order denying his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. McKnight contends that he was not awarded the proper amount of credit for jail time served prior to his sentencing.
McKnight asserts that he should be entitled to additional credit for jail time because he voluntarily canceled his bond on one charge while he was serving jail time on other unbonded charges. Any decision on whether additional credit is appropriate would require an evidentiary hearing concerning the circumstances surrounding this alleged cancellation. Had McKnight’s 3.800 motion been a sworn motion, we could have simply remanded this case with instructions to treat this motion as one filed under Florida Rule of Criminal Procedure 3.850 and to conduct an evidentiary hearing pursuant to rule 3.850(d). However, McKnight’s 3.800 motion was unsworn. Therefore, we affirm without prejudice to McKnight to file a properly sworn motion pursuant to Florida Rule of Criminal Procedure 3.850.
PARKER, A.C.J., and CASANUEVA and SALCINES, JJ., Concur.
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Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002)…time spent in jail for the charge which led to that sentence.” Keene v. State, 500 So. 2d 592, 594 (Fla. 2d DCA 1986). If Mr. Blake’s bond was not revoked until May, he would not be entitled to credit against the 1999 cases. Cf. McKnight v. State, 769 So. 2d 434, 434 (Fla. 2d DCA 2000) (addressing allegation that defendant was entitled to additional jail credit “because he voluntarily canceled his bond on one charge while he was serving jail time on other unbonded charges”). Mr. Blake may be able to obtain…
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Decoste v. State, 898 So. 2d 1201 (Fla. 5th DCA 2005)…e to factual matters not ascertainable' from the trial court’s records. As such, our ruling is without prejudice to the defendant’s right to file a rule 3.850 motion. See Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002). See also McKnight v. State, 769 So. 2d 434 (Fla. 2d DCA 2000)(noting that where defendant claimed he voluntarily canceled his bond on one charge after being arrested and jailed on another charge, evidentiary hearing would be necessary, so rule 3.800(a) review was not appropriate). AFFIRMED.…
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