JOE E. SCOTT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Joe Scott challenges the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the motion states a facially sufficient claim that Scott may be entitled to additional jail credit and the trial court failed to either attach record portions that refute the appellant’s claim to its order or to state that the record is silent regarding jail credit, we reverse and remand for further proceedings. See White v. State, 656 So. 2d 255 (Fla. 3d DCA 1995); Friss v. State, 881 So. 2d 38 (Fla. 5th DCA 2004); Maloy v. State, 888 So. 2d 143 (Fla. 1st DCA 2004).
Reversed and remanded.
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D.S. v. State, 122 So. 3d 482 (Fla. 3d DCA 2013)…93 (Fla. 4th DCA 1989). Even if probable cause to arrest D.S. for loitering and prowling did not exist, the search incident to that arrest is still lawful as there was probable cause to arrest him for another charge, burglary. See Freeman v. State, 909 So. 2d 965 (Fla. 3d DCA 2005) (finding that there existed, notwithstanding the officers’ mistaken and contrary belief, probable cause to arrest the defendant on a charge of burglary). We observed in Thomas v. State, that, “[w]here, by objective standards, prob…
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Holmes v. State, 993 So. 2d 1160 (Fla. 4th DCA 2008)…PER CURIAM. Affirmed. See Freeman v. State, 909 So. 2d 965 (Fla. 3d DCA 2005). TAYLOR, HAZOURI and MAY, JJ., concur.…
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Hawxhurst v. State, 159 So. 3d 1012 (Fla. 3d DCA 2015)…ctive standards, probable cause to arrest for a certain offense exists, the validity of an arrest does not turn on the fact that an arrest was effected on another charge”). See also D.S. v. State, 122 So. 3d 482 (Fla. 3d DCA 2013); Freeman v. State, 909 So. 2d 965 (Fla. 3d DCA 2005); Moss v. State, 512 So. 2d 328 (Fla. 3d DCA 1987). Because we affirm on this basis, we do not address the merits of the State’s cross-appeal. Appeal affirmed. Cross-appeal dismissed as moot. . See Fla. R. App. P. 9.140(b)(2)(a)…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Friss v. State, 881 So. 2d 38 (Fla. 5th DCA 2004)
- White v. State, 656 So. 2d 255 (Fla. 3d DCA 1995)
- Maloy v. State, 888 So. 2d 143 (Fla. 1st DCA 2004)
- Fernandez v. State, 888 So. 2d 143 (Fla. 4th DCA 2004)