CHARLES S. SPARKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-12-05
No. 2D01-3830
ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.
800 So. 2d 726 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 2 cases

Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Charles Sparks challenges the order of the trial court denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his mo tion, Sparks sought credit against his prison sentence for time spent in a live-in drug treatment center. Sparks did not allege that the drug treatment center was the functional equivalent of jail, and his motion is facially insufficient. See Hall v. State, 784 So. 2d 1224 (Fla. 2d DCA 2001). We affirm the order of the trial court without prejudice to Sparks’ ability, if any, to raise this issue in a facially sufficient rule 3.800(a) motion or in a timely, facially sufficient motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Id.

Affirmed.

ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.


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  • Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)
    …E, C.J., and PARKER, ALTENBERND, FULMER, WHATLEY, NORTHCUTT, GREEN, SALCINES, STRINGER, DAVIS, SILBERMAN, COVINGTON, and KELLY, JJ., concur. . This includes, but is 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 unau…

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