ERIC O. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ERIC O. WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
805 So. 2d 926
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Eric 0. Williams appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm as to Williams’ first claim without comment. Williams’ second claim cannot be raised in a rule 3.800(a) motion. See State v. Mancino, 705 So. 2d 1379 (Fla.1998). We therefore affirm as to it without prejudice to any right Williams might have to raise it in a timely filed rule 3.850 motion.
Affirmed.
BLUE, C.J., and CASANUEVA and DAVIS, JJ., Concur.
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Howard v. State, 23 So. 3d 1273 (Fla. 2d DCA 2010)…sentence credit under the jurisdiction of the Department of Corrections. However, the postconviction court did have jurisdiction to grant the credit because Howard was not awaiting transportation to the Department of Corrections. See Scott v. State, 805 So. 2d 926, 927 (Fla. 2d DCA 2001) (holding that the trial court had jurisdiction to award jail credit where the defendant who violated probation spent time in county jail awaiting placement in a rehabilitative program as opposed to placement with the Departme…
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LaLONDE v. State, 941 So. 2d 586 (Fla. 4th DCA 2006)…for time spent in jail awaiting placement into a drug treatment facility imposed as a condition of probation or community control. Bamishin v. State, 927 So. 2d 68, 71 (Fla. 1st DCA 2006), rev. dismissed, 939 So. 2d 1057 (Fla.2006); Scott v. State, 805 So. 2d 926, 927 (Fla. 2d DCA 2001). Accordingly, we reverse the trial court’s order and remand for the trial court to grant the appellant credit for the time spent in jail while waiting for placement into the drug treatment facility. POLEN, FARMER and MAY, J…
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Toto v. State, 816 So. 2d 1188 (Fla. 2d DCA 2002)…legations are correct, the Polk County Jail records should reflect his incarceration. We agree with Mr. Toto that he is entitled to jail credit on his December 2000 sentence if he spent these 74 days in jail in the fall of 1999. See Scott v. State, 805 So. 2d 926 (Fla. 2d DCA 2001). Accordingly, we reverse and remand for further proceedings as to this issue. We note that any credit Mr. Toto may ultimately receive for time spent in the Pinellas County Jail, as discussed in our last opinion, is not at issue in…
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- State v. Mancino, 705 So. 2d 1379 (Fla. 1998)