BENNIE FRANK SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NORTHCUTT, Judge.
We affirm the summary denial of Bennie Frank Smith’s motion for jail credit without prejudice to his refiling a motion for postconviction relief showing entitlement to additional jail time credit pursuant to Gethers v. State, 838 So. 2d 504 (Fla.2003) (“Only if the prisoner is subject to release but is being held because a detainer has been lodged can it be said that the prisoner is in custody pursuant to the detainer.”). Such motion must “affirmatively allege[] that the court records demonstrate on their face an entitlement to that relief.” See Fla. R.Crim. P. 3.800(a).
Affirmed.
ALTENBERND, C.J., and COVINGTON, J., Concur.
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Sheppard v. State, 17 So. 3d 275 (Fla. 2009)…an unequivocal request to discharge counsel.” King v. State, 939 So. 2d 1196, 1196 (Fla. 2d DCA 2006) (citing Johnson v. State, 932 So. 2d 1169, 1170 (Fla. 2d DCA 2006), Grainger v. State, 906 So. 2d 380, 382 (Fla. 2d DCA 2005), and Mourra v. State, 884 So. 2d 316, 321 (Fla. 2d DCA 2004)). Alternatively, courh-ap-pointed counsel could have adopted the pro se motion and then proceeded to represent Mr. Sheppard at the motion hearing. Grainger, 906 So. 2d at 382. The record in this case does not indicate that Mr…1 / 2
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Bermudez v. State, 901 So. 2d 981 (Fla. 4th DCA 2005)…ber 20, 2008 and Bermudez’s motion was filed November 17, 2003. Therefore, Bermudez’s pro se motion to withdraw his plea was timely. The state also argues that Bermu-dez’s pro se motion was a nullity as the second district found in Mourra v. State, 884 So. 2d 316 (Fla. 2d DCA 2004). In Mourra the second district held that pleadings filed by a defendant who is represented by counsel are a nullity unless they include some unequivocal request to discharge counsel. Id. at 321. However, in our decision in Peterso…
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Sheppard v. State, 988 So. 2d 74 (Fla. 2d DCA 2008)…an unequivocal request to discharge counsel.” King v. State, 939 So. 2d 1196, 1196 (Fla. 2d DCA 2006) (citing Johnson v. State, 932 So. 2d 1169, 1170 (Fla. 2d DCA 2006), Grainger v. State, 906 So. 2d 380, 382 (Fla. 2d DCA 2005), and Mourra v. State, 884 So. 2d 316, 321 (Fla. 2d DCA 2004)). Alternatively, court-appointed counsel could have adopted the pro se motion and then proceeded to represent Mr. Sheppard at the motion hearing. Grainger, 906 So. 2d at 382. The record in this case does not indicate that Mr.…
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- Gethers v. State, 838 So. 2d 504 (Fla. 2003)