JAMES BARBOUR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES BARBOUR, APPELLANT,
STATE OF FLORIDA, APPELLEE
770 So. 2d 714
Florida District Court of Appeal, Fourth District (2000)
Caution
Cited by 11 cases
Opinion of the Court
PER CURIAM.
James Barbour appeals the denial of his motion to allow credit for jail time, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order as appellant did not allege where in the record this information can be located and how the record demonstrates his entitlement to relief. See Toro v. State, 719 So. 2d 947 (Fla. 4th DCA 1998). Our affirmance, however, is without prejudice to Barbour to file a sworn motion to correct his sentence on the basis of additional jail credit pursuant to rule 3.850, within the time remaining under that rule.
DELL, FARMER and TAYLOR, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Busby v. State, 894 So. 2d 88 (Fla. 2004)…e is not used to discriminate against a protected class of venireperson. See Francis, 413 So. 2d at 1179 (“[The peremptory challenge] is an arbitrary and capricious right which must be exercised freely to accomplish its purpose.”); Shannon v. State, 770 So. 2d 714, 716 (Fla. 4th DCA 2000) (stating that a peremptory challenge “need not be supported by any reason, although a party may not use such a challenge in a way that discriminates against a protected minority”) (quoting Black’s Law Dictionary 223 (7th ed.…
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Mainon Rodas v. State, 821 So. 2d 1150 (Fla. 4th DCA 2002)…n for wanting to strike juror Walker, and never attempted to strike juror Walker for cause, he cannot now claim that Walker’s placement on the jury panel resulted in a biased panel. We disagree. We recently addressed this issue in Shannon v. State, 770 So. 2d 714 (Fla. 4th DCA 2000). Relying on Trotter, this court explained that “[njeither Trotter, nor any other authority ... requires an explanation as to why the juror who sat was objectionable. Nor should an explanation be required since a peremptory challe…
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Bell v. State, 870 So. 2d 893 (Fla. 4th DCA 2004)…648 So. 2d 724 (Fla.1994), review denied, 654 So. 2d 920 (Fla.1995) (impartiality of fact finders absolute prerequisite). Contrary to the state’s argument, the defendant has demonstrated that an objectionable juror was seated. See Shannon v. State, 770 So. 2d 714 (Fla. 4th DCA 2000) (defendant not required to explain why juror who sat on panel is objectionable because peremptory challenge need not be based on any specific reason). He has also shown prejudice by the error. Ault v. State, 866 So. 2d 674 (Fla.2…
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- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)