CLINTON W. BRANTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Clinton W. Branton appeals orders summarily denying his motions that requested jail credit for time spent in a DACCO drug rehabilitation program. His motions were procedurally deficient. The trial court, however, denied the motions with orders that appear to reach the merits of the issue without attaching any supporting portions from the record.
We affirm without prejudice to Mr. Branton’s right to file a timely and proper motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, which shall not be deemed successive. If Mr. Branton files a timely and proper motion under rule 3.850 “he must demonstrate that the time he spent at DACCO was the functional equivalent of being in jail and overcome the hurdles posed by the supreme court’s holding in Tal-Mason v. State, 515 So. 2d 738 (Fla.1987).” See Hill v. State, 754 So. 2d 788, 789 (Fla. 2d DCA 2000).
ALTENBERND, A.C.J., and NORTHCUTT and CASANUEVA, JJ., concur.
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Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)…s not limited to, Perez v. State, 801 So. 2d 166 (Fla. 2d DCA 2001), Sparks v. State, 800 So. 2d 726 (Fla. 2d DCA 2001), McCollum v. State, 799 So. 2d 1082 (Fla. 2d DCA 2001), Tennell v. State, 787 So. 2d 65 (Fla. 2d DCA 2001), and Branton v. State, 787 So. 2d 59 (Fla. 2d DCA 2001). . The trial court denied Mr. Toney’s motion for rehearing as unauthorized under Florida Rule of Criminal Procedure 3.800(a) even though Mr. Toney filed the motion pursuant to rule 3.800(a) and Florida Rule of Criminal Procedure…
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Giancarlo Vindigni v. State, 819 So. 2d 884 (Fla. 4th DCA 2002)…PER CURIAM. Affirmed without prejudice to appellant’s right to file a timely and proper motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Branton v. State, 787 So. 2d 59 (Fla. 2d DCA 2001). STEVENSON, SHAHOOD and TAYLOR, JJ., concur.…
Authorities Cited
- Tal-Mason v. State, 515 So. 2d 738 (Fla. 1987)
- Williams v. State, 754 So. 2d 788 (Fla. 2d DCA 2000)