JOHNNY CRUZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-10-19
No. 2D01-2495
CASANUEVA and STRINGER, JJ., Concur.
799 So. 2d 1084 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 4 cases

Opinion of the Court
WHATLEY, Acting Chief Judge.

WHATLEY, Acting Chief Judge.

Johnny Cruz challenges the order of the trial court denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 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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  • Calamia v. State, 125 So. 3d 1007 (Fla. 5th DCA 2013)
    …definition for “actual malice” or “legal malice” as it relates to the extortion statute. The instruction for “maliciously” given in this case — “intentionally and without lawful justification” — was the standard for legal malice. See Adams v. State, 799 So. 2d 1084, 1089 (Fla. 5th DCA 2001) (citing Young v. State, 753 So. 2d 725, 728 (Fla. 1st DCA 2000)). Calamia argues that “maliciously” should have been defined as actual malice. Unlike legal malice, actual malice requires proof of evil intent or motive. Adam…
  • Skanes v. State, 821 So. 2d 1102 (Fla. 5th DCA 2002)
    …e been a double homicide. The evidence was indeed not only sufficient to establish premeditation, but it was inconsistent with any other reasonable inference. See, e.g. Blackwood; Dufault v. State, 800 So. 2d 647 (Fla. 5th DCA 2001); Adams v. State, 799 So. 2d 1084 (Fla. 5th DCA 2001); Cummings v. State, 696 So. 2d 1306 (Fla. 5th DCA 1997). Finally, Skanes argues the prosecutor made numerous improper comments during closing argument. Defense counsel did not object to all of these comments, but Skanes contends…

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