KENDAL COLOSIMO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Toomajan v. State, 785 So. 2d 1275 (Fla. 5th DCA 2001)
  …properly denied as facially insufficient. See, e.g., Columbro v. State, 777 So. 2d 1208 (Fla. 5th DCA 2001) (motion which failed to allege court records demonstrated on face defendant’s entitlement to relief was properly denied); Colosimo v. State, 775 So. 2d 352 (Fla. 2d DCA 2000) (motion which failed to allege court records demonstrated on face entitlement to relief was facially insufficient). Although the trial court ignored the defect in appellant’s motion and denied it on the merits, the court failed t…
• Gilbert v. State, 805 So. 2d 70 (Fla. 2d DCA 2002)
  …ecord established- that he did not receive those credits. He did not allege that the court records showed he was entitled to them. Thus, Gilbert’s claims regarding the ten and twenty-five day credits are facially insufficient. See Colosimo v. State, 775 So. 2d 352 (Fla. 2d DCA 2000). In the interest of avoiding piecemeal litigation, we affirm the order of the trial court without prejudice to Gilbert to file a rule 3.800(a) motion that is facially sufficient as to all three of Gilbert’s jail credit claims. Our…
• Taylor v. State, 939 So. 2d 1158 (Fla. 2d DCA 2006)
  …on for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the postconviction court’s order because Taylor’s motion is facially insufficient. See Gilbert v. State, 805 So. 2d 70 (Fla. 2d DCA 2002); Colosimo v. State, 775 So. 2d 352 (Fla. 2d DCA 2000). However, our affirmance is without prejudice to Taylor’s right to file a facially sufficient rule 3.800(a) motion. Affirmed. CASANUEVA, STRINGER, and WALLACE, 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)