HENRY CUMMINGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-01-31
No. 2D00-3860
FULMER, A.C.J., and GREEN and DAVIS, JJ., concur.
779 So. 2d 562 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court’s order denying Henry Cummings’ motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is affirmed without prejudice to Cummings’ filing of a Florida Rule of Criminal Procedure 3.850 motion pursuant to Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000) (en banc).

Affirmed.

FULMER, A.C.J., and GREEN and DAVIS, JJ., concur.


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  • Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)
    …e trial court checked the appropriate box on the sentencing document ordering the Department of Corrections to compute and apply credit for time previously served in prison. See Wiggins v. State, 817 So. 2d 1016 (Fla. 2d DCA 2002); Downing v. State, 779 So. 2d 562 (Fla. 2d DCA 2001). Therefore, the trial court has completed its responsibility, and any challenge Armstrong may have regarding the application of prison credit to his sentence should be raised through the appropriate administrative remedies with th…
  • Sutton v. State, 838 So. 2d 616 (Fla. 2d DCA 2003)
    …n a defendant is resen-tenced after violating the probationary portion of a probationary split sentence, it is the responsibility of the trial court to order that defendants receive the prison credit to which they are entitled. See Downing v. State, 779 So. 2d 562 (Fla. 2d DCA 2001).1 We therefore reverse the order of the trial court in regard to Sutton’s prison credit claim and remand to the trial court for further consideration. If Sutton has not been previously awarded credit in each case for the time he…
  • Wiggins v. State, 817 So. 2d 1016 (Fla. 2d DCA 2002)
    …iggins’ claim is cognizable in a rule 3.800(a) motion, and he is entitled to credit against the sentences imposed upon revocation of probation for the time he spent in prison on the two counts prior to his release on probation. See Downing v. State, 779 So. 2d 562 (Fla. 2d DCA 2001). We therefore reverse the trial court’s order as it relates to Wiggins’ prison credit claim and remand with instructions to the trial court to correct the sentences to reflect that Wiggins is entitled to prison credit.1 See id. W…

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