RALPH E. SKULLESTAD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the denial of the motion to correct an illegal sentence was affirmed, it was without prejudice to the appellant refiling the motion with proper documentation.
The appellant sought credit for time served in prior cases, alleging he had not received all due credit. His motion failed to identify where in the re…
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PER CURIAM.
This is an appeal by Ralph Skullestad from a final order summarily denying his motion to correct illegal sentence filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We affirm.
Appellant alleges that he had not received all of the credit due in a 1990 case and a 1992 case for time served in prison, jail and on probation. Contrary to the pleading requirements of State v. Mancino, 714 So. 2d 429, 433 (Fla.1998), and Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998), appellant’s motion did not identify where in the record information showing entitlement to the credit sought could be located.
Denial of appellant’s motion should have been without prejudice to appellant’s right to refile a new motion correcting this defi ciency in the pleading. It was not. Accordingly, we affirm the trial court’s denial of the rule 3.800(a) motion but without prejudice to refile a rule 3.800(a) motion which affirmatively states where in the court file or jail or probation records the information on appellant’s claim of entitlement to credit for additional days in the 1990 and 1992 cases can be found. Appellant may attach such supporting information to his motion. See Nelson v. State, 760 So. 2d 240, 241 (Fla. 4th DCA 2000).
FARMER, STEVENSON and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Phillips v. State, 798 So. 2d 796 (Fla. 4th DCA 2001)…ating where in the court file or jail records the information concerning her jail service can be found. Appellant may attach such supporting information to her motion. See Acquaotta v. State, 791 So. 2d 1251 (Fla. 4th DCA 2001); Skullestad v. State, 790 So. 2d 516 (Fla. 4th DCA 2001); Nelson v. State, 760 So. 2d 240 (Fla. 4th DCA 2000). POLEN, C.J., SHAHOOD and GROSS, JJ., concur.…
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Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002)…to allege that the trial court records demonstrate on their face an entitlement to relief and to specify where in the record the necessary information can be located and how the record demonstrates his entitlement to relief. See Skullestad v. State, 790 So. 2d 516 (Fla. 4th DCA 2001); Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). Secondly, the claim is procedurally improper. If appellant is entitled to credit against the original sentence for time spent in jail prior to resolution of his escape char…
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Price v. State, 798 So. 2d 49 (Fla. 4th DCA 2001)…lant’s seeking additional credit by filing a properly pleaded rule 3.800(a) motion that alleges where in the record the information can be located and explains how the record demonstrates entitlement to the relief requested. See Skullestad v. State, 790 So. 2d 516 (Fla. 4th DCA 2001); Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). Appellant is out of time for filing a rule 3.850 motion. See Fla. R.Crim. P. 3.850(b). FARMER, STEVENSON, TAYLOR, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)
- Nelson v. State, 760 So. 2d 240 (Fla. 4th DCA 2000)