VANCE LOEFFLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2002-12-11
No. 2D02-2946
WHATLEY and STRINGER, JJ., concur.
832 So. 2d 261 Florida District Court of Appeal, Second District (2002) Positive Treatment
Cited by 3 cases

Opinion of the Court
SILBERMAN, Judge.

SILBERMAN, Judge.

Vance Loeffler challenges the orders of the trial court summarily denying his motions filed pursuant to Florida Rules of Criminal Procedure 3.850 and 3.800(a). We affirm. Our affirmance of Loeffler’s rule 3.800(a) motion for jail credit is without prejudice to any right Loeffler might have to file a timely, facially sufficient rule 3.850 motion seeking credit against his prison sentence in the present case for time spent in the custody of the Department of Corrections from the date any Highlands County detainer was lodged against him. See Keene v. State, 816 So. 2d 819, 820 (Fla. 2d DCA 2002).

Affirmed.

WHATLEY and STRINGER, JJ., concur.


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  • J.S.L. Constr. Co. v. Eliyahu Levy and Ramona Levy, 994 So. 2d 394 (Fla. 3d DCA 2008)
    …hat the facts stated in it are true”); Battle v. Gentry, 898 So. 2d 263, 264 (Fla. 1st DCA 2005) (concluding that “a statement in which [a] claimant affirmed that the information contained on [a] form was true,” constitutes an oath); Theoc v. State, 832 So. 2d 261, 262 (Fla. 3d DCA 2002) (confirming that a statement made “under penalties of perjury” and declared to be based on facts represented as being true, is an unnotarized oath authorized by section 92.525); see also Fla. R.Crim. P. 3.987 (recognizing two…
  • Medina v. State, 129 So. 3d 1159 (Fla. 3d DCA 2014)
    …ally approved by Florida Rule of Criminal Procedure 3.987 (the form adopted by the Florida Supreme Court for use in motions filed under rule 3.850). See also Fla. R. App. P. 9.420(a)(2)2; State v. Shearer, 628 So. 2d 1102 (Fla.1993); Theoc v. State, 832 So. 2d 261 (Fla. 3d DCA 2002).3 Further, the trial court incorrectly found that the certificate of service was not signed under penalty of perjury. As described earlier, the final paragraph of the May Motion stated that, under penalty of perjury, Medina signed…
  • Donofrio v. State (Fla. 2d DCA 2020)
    …R. Crim. P. 3.9875. As such, it met the requirements of rule 3.801(c). Cf. State v. Shearer, 628 So. 2d 1102 (Fla. 1993) (holding that unnotarized written declaration under section 92.525 satisfied oath requirement of rule 3.850); Theoc v. State, 832 So. 2d 261 (Fla. 3d DCA 2002) (same). Accordingly, we reverse the postconviction court's order denying Donofrio's motion for jail credit with prejudice and remand for further proceedings consistent with this opinion. Reversed and remanded. SALARIO and ROTHSTEI…

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