MICHELLE DALTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHELLE DALTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
784 So. 2d 1205
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 3 cases
Opinion of the Court
BLUE, Acting Chief Judge.
Michelle Dalton appeals the denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In her motion, Ms. Dalton seeks additional jail credit for one of six charges to which she pleaded and was sentenced to twenty-four months’ Florida State Prison. Because Ms. Dalton did not seek to withdraw her plea or assert that she was misled as to the amount of jail credit, the trial court treated Ms. Dalton’s motion as a rule 3.800(a) claim and properly denied relief with attachments. Accordingly, we affirm.
Affirmed.
FULMER and SILBERMAN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Jackson v. State, 803 So. 2d 842 (Fla. 1st DCA 2001)…gedly arising from single criminal episode, panel reversed in part and remanded for trial court to determine under rule 3.800(a) whether claim could be resolved from face of record); West v. State, 790 So. 2d 513 (Fla. 5th DCA 2001); Davis v. State, 784 So. 2d 1205 (Fla. 2d DCA 2001); Pullins v. State, 777 So. 2d 451 (Fla. 1st DCA 2001) (“Hale claims are cognizable in 3.800(a) motions if the claim can be established on the face of the record.”); Valdes v. State, 765 So. 2d 774 (Fla. 1st DCA 2000). Indeed, the…
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West v. State, 790 So. 2d 513 (Fla. 5th DCA 2001)…laiuay did “not irretrievably foreclose relief from consecutively-imposed habitual offender sentences growing out of the same criminal episode by means of rule 3.800, without regard to the time constraints of rule 3.850(b).” See also Davis v. State, 784 So. 2d 1205 (Fla. 2d DCA 2001); Valdes v. State, 765 So. 2d 774 (Fla. 1st DCA 2000). Because it is clear from the face of the record that West’s offenses arose out of a single criminal episode, appellant is entitled to relief pursuant to Hale. The state altern…
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Downs v. State (Fla. 2d DCA 2020)…cognizable rule 3.800(a) claim 'if the determination of whether the offenses were part of the same criminal episode can be made without resorting to extra-record facts.' " (quoting West v. State, 825 So. 2d 499 (Fla. 2d DCA 2002))); Davis v. State, 784 So. 2d 1205, 1205-06 (Fla. 2d DCA 2001) ("We write only to note that Davis may raise his claim that his consecutively imposed habitual violent felony offender sentences are in violation of Hale[, 630 So. 2d at 521], in a motion filed pursuant to Florida Rule of…