JAMES EARL BATTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES EARL BATTLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
805 So. 2d 1033
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
DAVIS, Acting Chief Judge.
James Earl Battle appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order without prejudice to Battle’s right to file a facially sufficient rule 3.800(a) motion, if he is able to do so. See Hall v. State, 784 So. 2d 1224 (Fla. 2d DCA 2001) (stating that a facially sufficient rule 3.800(a) claim for additional jail time credit for time spent at a drug treatment center must allege that the drug treatment center was the functional equivalent of jail).
Affirmed.
COVINGTON, J., and THREADGILL, EDWARD F., Senior Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Phillips v. State, 816 So. 2d 1154 (Fla. 4th DCA 2002)…ce” program. The trial court summarily denied the motion. We affirm. The appellant failed to allege that the “Family Service” program was the “functional equivalent of jail,” which is required so that jail credit can be given. See Battle v. State, 805 So. 2d 1033 (Fla. 2d DCA 2001). Moreover, this type of claim would require an evidentiary hearing, and is not properly raised in a Rule 3.800(a) proceeding. Columbro v. State, 777 So. 2d 1208 (Fla. 5th DCA 2001). For these reasons, we affirm. WARNER, STEVENSO…
Authorities Cited
- Hall v. State, 784 So. 2d 1224 (Fla. 2d DCA 2001)