CHRISTOPHER B. DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FULMER, Judge.
Christopher Daniels timely appeals the summary denial of his motion for jail credit, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In denying relief, the trial court attached portions of the court record to support its factual findings regarding pertinent dates when Daniels was arrested or posted bond. On appeal, Daniels challenges the factual accuracy of the trial court records, specifically arguing that he was not released on the dates the bonds were issued. We affirm without prejudice to any right Daniels may have to file a timely motion for relief under Florida Rule of Criminal Procedure 3.850. See Hamilton v. State, 752 So. 2d 133 (Fla. 2d DCA 2000).
Affirmed.
DAVIS and COVINGTON, JJ., Concur.
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Clifton v. State, 905 So. 2d 1042 (Fla. 2d DCA 2005)…ch jail credit issues involve disputed issues of fact and are not appropriate for resolution on a motion filed pursuant to rule 3.800(a); they are matters that can only be resolved pursuant to rule 3.850. See Blake, 807 So. 2d 772; Daniels v. State, 825 So. 2d 499 (Fla. 2d DCA 2002). Accordingly, we affirm with leave to file a motion pursuant to rule 3.850 within sixty days of this court’s mandate in this appeal. Affirmed. CASANUEVA and SILBERMAN, JJ., Concur.…
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Wachter v. State, 868 So. 2d 629 (Fla. 2d DCA 2004)…s in violation of Hale v. State, 630 So. 2d 521 (Fla.1993), is a cognizable rule 3.800(a) claim “if the determination of whether the offenses were part of the same criminal episode can be made without resorting to extra-record facts.” West v. State, 825 So. 2d 499 (Fla. 2d DCA 2002). This court has held that to present a facially sufficient 3.800(a) Hale claim, the mov-ant must allege that the claim can be determined from the face of the record. See Watson v. State, 828 So. 2d 1054, 1054 (Fla. 2d DCA 2002). H…
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Ulysses Bailey v. State, 925 So. 2d 382 (Fla. 2d DCA 2006)…a motion filed pursuant to rule 3.800(a) and are matters that can only be resolved pursuant to rule 3.850. See Clifton v. State, 905 So. 2d 1042, 1044 (Fla. 2d DCA 2005); see also Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002); Daniels v. State, 825 So. 2d 499 (Fla. 2d DCA 2002). However, based on the limited record that is before this court, we cannot determine whether Bailey’s claim can be conclusively resolved based on the record documents.…
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- 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)