DAMON L. KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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STRINGER, Judge.
Damon L. King appeals the summary denial of his motion for jail time credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). On February 7, 2000, King was arrested in case number 00-02217. He was released on bond in that case on February 15, 2000. Then on June 10, 2000, he was arrested on an unrelated charge. He remained in the Pinellas County Jail until September 26, 2000, when he was sentenced on both charges. King claims that his bond was revoked in case number 00-02217 when he was arrested on the new charges and that he is, therefore, entitled to an additional 109 days’ credit in 00-02217. The trial court denied this claim, attaching records that indicate that King was released on bond in that case. These records do not indicate that the bond was revoked. We affirm the trial court’s order because the attached records appear to refute the claim. See Hamilton v. State, 752 So. 2d 133 (Fla. 2d DCA 2000). Our affirmance is, however, without prejudice to King’s right to file a timely, properly sworn rule 3.850 motion if he believes that the records provided by the trial court are inaccurate. See id.
Affirmed.
FULMER and KELLY, JJ., concur.
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Adonius P. Bailey v. State, 869 So. 2d 13 (Fla. 2d DCA 2004)…prejudice to any right Bailey might have to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.850 if he wishes to challenge the factual accuracy of the trial court’s records concerning the dates he was in jail. See King v. State, 809 So. 2d 893 (Fla. 2d DCA 2002). WHATLEY, CASANUEVA, and SILBERMAN, JJ., Concur.…
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Collins v. State, 819 So. 2d 945 (Fla. 2d DCA 2002)…Our affirmance is, however, without prejudice to Collins’ right to file under rule 3.850 a timely and facially sufficient motion for postconviction relief if he believes that the records provided by the trial court are inaccurate. See King v. State, 809 So. 2d 893 (Fla. 2d DCA 2002). GREEN and DAVIS, JJ., concur.…
Authorities Cited
- Campbell v. George Battle, M.D., 752 So. 2d 133 (Fla. 3d DCA 2000)
- Hamilton v. State, 752 So. 2d 133 (Fla. 2d DCA 2000)