FREDERICK E. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Frederick Hall challenges the trial court’s order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm. In his motion, Hall claimed that he was entitled to jail credit for the time that he spent in a live-in drug treatment center. However, Hall did not allege that the drug treatment center was the functional equivalent of jail and therefore did not present a facially sufficient claim. See Tennell v. State, 787 So. 2d 65 (Fla. 2d DCA 2001). Our affirmance is without prejudice to Hall’s ability, if any, to raise this issue in a properly pleaded rule 3.800(a) motion or in a timely, facially sufficient motion filed pursuant to Florida Rule of Criminal Procedure 3.850. See Hill v. State, 754 So. 2d 788 (Fla. 2d DCA 2000).
Affirmed.
ALTENBERND, A.C.J., and WHATLEY and STRINGER, JJ., concur.
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Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)…e order of the trial court denying his motion for jail credit that was filed pursuant to Florida Rules of Criminal Procedure 3.800(a) and 3.850. We affirm and, in so doing, recede from Hill v. State, 754 So. 2d 788 (Fla. 2d DCA 2000), Hall v. State, 784 So. 2d 1224 (Fla. 2d DCA 2001), and their progeny.1 Before addressing the credit for time spent in a drug treatment facility, we review that portion of the trial court’s order denying Mr. Toney’s motion for credit for time he spent in the Manatee County Jail.…
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Sparks v. State, 800 So. 2d 726 (Fla. 2d DCA 2001)…arks sought credit against his prison sentence for time spent in a live-in drug treatment center. Sparks did not allege that the drug treatment center was the functional equivalent of jail, and his motion is facially insufficient. See Hall v. State, 784 So. 2d 1224 (Fla. 2d DCA 2001). We affirm the order of the trial court without prejudice to Sparks’ ability, if any, to raise this issue in a facially sufficient rule 3.800(a) motion or in a timely, facially sufficient motion filed pursuant to Florida Rule of C…
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Battle v. State, 805 So. 2d 1033 (Fla. 2d DCA 2001)…rect illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order without prejudice to Battle’s right to file a facially sufficient rule 3.800(a) motion, if he is able to do so. See Hall v. State, 784 So. 2d 1224 (Fla. 2d DCA 2001) (stating that a facially sufficient rule 3.800(a) claim for additional jail time credit for time spent at a drug treatment center must allege that the drug treatment center was the functional equivalent of jail). Affirmed. COV…
Authorities Cited
- Williams v. State, 754 So. 2d 788 (Fla. 2d DCA 2000)
- Tennell v. State, 787 So. 2d 65 (Fla. 2d DCA 2001)
- Rolon v. State, 787 So. 2d 65 (Fla. 2d DCA 2001)