GERONIMO GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2004-01-14
No. 4D03-2119
FARMER, C.J., SHAHOOD and MAY, JJ., concur.
864 So. 2d 557 Florida District Court of Appeal, Fourth District (2004) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of appellant’s 3.800(a) motion. See Hernandez-Molina v. State, 860 So. 2d 483 (Fla. 4th DCA 2003). We certify conflict with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), rev. dismissed, 821 So. 2d 302 (Fla.2002). To the extent the motion claimed credit for additional time served, this affirmance is without prejudice to appellant’s right to file a legally sufficient motion seeking credit in the trial court or to pursue his administrative remedies with the Department of Corrections, whichever is appropriate. See e.g., Perkins v. State, 839 So. 2d 797 (Fla. 4th DCA 2003).

FARMER, C.J., SHAHOOD and MAY, JJ., concur.


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  • Davis v. State, 963 So. 2d 350 (Fla. 4th DCA 2007)
    …delines. The trial court failed to address numerous cases, many of which were specifically cited by Davis in his motion, which hold that this error constitutes an illegal sentence that may be corrected in a rule 3.800(a) motion. See Owen v. State, 864 So. 2d 557 (Fla. 4th DCA 2004); Smith v. State, 946 So. 2d 1078 (Fla. 1st DCA 2006) (finding sentence illegal and, even though claim had been previously raised and rejected, application of a procedural bar [*351] would result in a manifest injustice (as defend…

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