JEAN RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the trial court's denial of the motion for jail time credit.
The appellant sought jail time credit for a period of detention, but the trial court denied the motion. The sheriff's certificate indicated a differen…
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SILBERMAN, Judge.
Jean Rodriguez appeals the summary denial of her Florida Rule of Criminal Procedure 3.800(a) motion for jail time credit. We affirm.
Rodriguez alleges that she is eligible for seventy-one days’ jail time credit instead of the thirty-six days that she was allowed by the sentencing court. The trial court denied the motion, stating that nothing in the record supported her contention that she was detained from April 27, 2000, through May 11, 2000.
The court attached a sheriffs certificate reflecting the dates that Rodriguez was detained, and the certificate supports the court’s ruling. The sheriffs certificate shows that Rodriguez was detained on March 24, 2000, and released on April 6, 2000, rather than on May 11, 2000. Consequently, Rodriguez is not entitled to relief pursuant to rule 3.800, because her right to relief is not apparent from the face of the record. However, if she has grounds to dispute the accuracy of the sheriffs log, she may seek relief under rule 3.850. See Freeman v. State, 746 So. 2d 545 (Fla. 2d DCA 1999).
Affirmed.
THREADGILL, A.C.J., and STRINGER, J., Concur.
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Jasmin v. State, 799 So. 2d 312 (Fla. 2d DCA 2001)…concur. . We note that if Jasmin has any grounds to dispute the accuracy of the sheriff's jail log, he may seek relief pursuant to a timely, facially sufficient motion filed under Florida Rule of Criminal Procedure 3.850. See Rodriguez v. State, 788 So. 2d 1108 (Fla. 2d DCA 2001). Furthermore, any claim that the Department of Corrections is not providing Jasmin with the full amount of credit awarded by the trial court must first be presented to the Depart [*313] ment through administrative proceedings and,…
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Cruz v. State, 799 So. 2d 1084 (Fla. 2d DCA 2001)…rocedure 3.800(a). We affirm. However, if Cruz has grounds to dispute the accuracy of the jail credit logs, he may file a timely, facially sufficient motion seeking relief pursuant to Florida Rule of Criminal Procedure 3.850. See Rodriguez v. State, 788 So. 2d 1108 (Fla. 2d DCA 2001). Affirmed. CASANUEVA and STRINGER, JJ., Concur.…
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Dydek v. State, 793 So. 2d 75 (Fla. 2d DCA 2001)…a). We affirm the trial court’s order but note that if Dydek has grounds to dispute the accuracy of the sheriffs jail log, he may file a timely, facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850. See Rodriguez v. State, 788 So. 2d 1108 (Fla. 2d DCA 2001). Affirmed. ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 746 So. 2d 545 (Fla. 2d DCA 1999)