THOMAS STATHAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Thomas Stathas appealed the denial of his motion for prison credit under Florida Rules of Criminal Procedure 3.850 and 3.800(a). The court affirmed the denial but permitted Stathas to refile a facially sufficient motion for prison credit.
The court affirmed the denial of Stathas' motion but without prejudice, allowing him to refile a facially sufficient motion. The motion was facially insufficient because Stathas failed to allege that his entitlement to relief was apparent from the face of the record or how and where such entitlement was demonstrated in the record.
[1] A motion for prison credit is facially insufficient if it fails to allege that entitlement to relief is apparent from the face of the record and how such entitlement is d…
[2] A defendant may be entitled to prison credit for time served on the prison portion of a split sentence before beginning the probation portion.
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Join FLexlaw to unlock all legal intelligence“Stathas' claim is facially insufficient because he did not allege that his entitlement to relief is apparent from the face of the record, nor did he allege how and where his entitlement to relief is demonstrated from the record.”
Establishes the facial insufficiency standard required for 3.800(a) motions
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Join FLexlaw to unlock all legal intelligenceStathas was sentenced on October 30, 1991, to fifteen years in prison followed by five years' probation in one case, and received a probationary split…
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KELLY, Judge.
Thomas Stathas appeals the summary denial of his motion filed pursuant to Florida Rules of Criminal Procedure 3.850 and 3.800(a). We affirm the first claim without discussion, and we affirm the second claim without prejudice to any right Stathas may have to refile a facially sufficient motion for prison credit.
On October 30, 1991, Stathas was sentenced to fifteen years in prison followed by five years’ probation in case 91-11524 pursuant to a plea agreement with the State. On that same day, he was also sentenced in case 90-18646. Although it is not clear from the record on appeal or Stathas’ motion what sentence he originally received in case 90-18646, it appears that he received a probationary split sen tence in that ease as well.1 Nonetheless, Stathas was released early from prison due to gain time to begin his probation. On May 19, 1998, he was resentenced to five years in prison for violating his probation in both cases.
Stathas alleged that he is entitled to a total of 399 days of credit and that the trial court must award such credit by court order. It appears that he is referring to his entitlement to prison credit for the time he served on the prison portions of his split sentences before he began serving the probation portions. See Wiggins v. State, 817 So. 2d 1016 (Fla. 2d DCA 2002). However, Stathas’ claim is facially insufficient because he did not allege that his entitlement to relief is apparent from the face of the record, nor did he allege how and where his entitlement to relief is demonstrated from the record. See Jones v. State, 735 So. 2d 541 (Fla. 2d DCA 1999). Therefore, we affirm the trial court’s order of denial without prejudice to any right Stathas may have to refíle a facially sufficient motion for prison credit under rule 3.800(a). See id. at 542.
Affirmed.
STRINGER and SILBERMAN, JJ., concur. . The original judgment and sentence in case 90-18646 is not in the record. However, the violation of probation plea form for case 91-11524 indicates that Stathas also violated probation in case 90-18646, and a judgment and sentence in case 90-18646 dated May 19, 1993, indicates that his probation was revoked and that he was resentenced to five years in prison on that date.
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Clark v. State, 932 So. 2d 364 (Fla. 2d DCA 2006)…hments. However, Mr. Clark’s claim is facially insufficient because he fails to allege that the error is apparent from the face of the record and fails to allege that the court records demonstrate that he is entitled to relief. See Stathas v. State, 852 So. 2d 881 (Fla. 2d DCA 2003) (holding that petitioner’s claim that he was entitled to jail time credit was facially insufficient). Consequently, we affirm the postconviction court’s order without prejudice to any right Mr. Clark may have to refile a facially…
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Jones v. State, 53 So. 3d 1146 (Fla. 2d DCA 2011)…tly spent in the county jail prior to the disposition of his cases. Jones’ claims are facially insufficient because he failed to allege that his entitlement to relief is determinable from the face of the circuit court record. See Stathas v. State, 852 So. 2d 881, 882 (Fla. 2d DCA 2008). To the extent that the post-conviction court already has addressed the claims for county jail credit on their merits, we affirm the denial of those claims. Cf. Sweeney v. State, 944 So. 2d 474, 474 (Fla. 4th DCA 2006) (concl…
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Rowe v. State, 932 So. 2d 1291 (Fla. 2d DCA 2006)…t for time spent in Highlands County Jail from September 14, 2004, to March 30, 2005. The postconviction court denied the motion on the merits. However, Rowe’s motion is facially insufficient. See Fla. R.Crim. P. 3.800(a); see also Stathas v. State, 852 So. 2d 881 (Fla. 2d DCA 2003) (holding that petitioner’s claim that he was entitled to jail time credit was facially insufficient where petitioner failed to allege that court records demonstrate his entitlement to additional jail credit). Therefore, we reverse…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wiggins v. State, 817 So. 2d 1016 (Fla. 2d DCA 2002)
- Fields v. State, 735 So. 2d 541 (Fla. 2d DCA 1999)