JEFFREY L. SHINKA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JEFFREY L. SHINKA, APPELLANT,
STATE OF FLORIDA, APPELLEE
807 So. 2d 764
Florida District Court of Appeal, Second District (2002)
Positive Treatment
Cited by 1 case
Opinion of the Court
CASANUEVA, Judge.
Jeffrey L. Shinka appeals the summary denial of his motion for jail time credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Shinka alleged that he has not received the credit to which he was entitled. The trial court denied the claim, noting that Shinka failed to provide any details as to what credit was being denied him. We affirm the trial court’s order because Shinka’s motion is facially insufficient. See State v. Mancino, 714 So. 2d 429 (Fla.1998); Flanagan v. State, 792 So. 2d 519 (Fla. 2d DCA 2001). Our affirmance is without prejudice to Shinka’s right to file a facially sufficient motion.
Affirmed.
DAVIS and SILBERMAN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Belton v. State, 816 So. 2d 777 (Fla. 2d DCA 2002)…vocation of his community control, Belton was sentenced as a habitual felony offender to thirty years in prison. A community control sentence is not a term of years and is, therefore, not an authorized habitual offender sentence. Johnson v. State, 807 So. 2d 764, 765-66 (Fla. 2d DCA 2002). The fact that the trial court imposed a suspended prison sentence is of no import. Id. at 766. The habitual offender sentence imposed upon revocation of community control is illegal. Id. We therefore reverse and remand fo…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Flanagan v. State, 792 So. 2d 519 (Fla. 2d DCA 2001)