RANDY PRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-10-17
No. 4D01-3029
FARMER, STEVENSON, TAYLOR, JJ., concur.
798 So. 2d 49 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order summarily denying Appellant’s rule 3.800(a) motion to correct illegal sentence, which sought to increase the credit for jail time served, is affirmed without prejudice to Appellant’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.


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  • Zamir Garzon v. State, 980 So. 2d 1038 (Fla. 2008)
    …2003) (use of "and” in oral instructions but "or” in written instructions), superseded on other grounds by § 893.101, Fla. Stat. (2007); Davis v. State, 804 So. 2d 400 (Fla. 4th DCA 2001) (use of "and/or” in entrapment instruction); Bynes v. State, 798 So. 2d 49 (Fla. 4th DCA 2001) (co-defendant to Davis); Williams v. State, 774 So. 2d 841 (Fla. 4th DCA 2000) (use of “or” with codefendant instruction); Bogdanon v. State, 763 So. 2d 376 (Fla. 2d DCA 2000) (use of “and/or” in sentence reclassification); Isom…
  • Tolbert v. State, 922 So. 2d 1013 (Fla. 5th DCA 2006)
    …2005), to reverse the codefendant’s conviction explaining that "[b]ecause the instructions given for Randolph were identical to those given for Davis, we also reverse Randolph's convictions and sentences and remand for a new trial”); Bynes v. State, 798 So. 2d 49 (Fla. 4th DCA 2001) ("In Davis v. State, [804 So. 2d 400 (Fla. 4th DCA 2001)], we reversed the conviction of appellant's co-defendant, his wife, on the ground that the jury instructions on entrapment were inaccurate and misleading. We follow Davis a…

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