HENRY E. MILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HENRY E. MILLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
911 So. 2d 850
Florida District Court of Appeal, First District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the order denying the motion, but do so without prejudice to appellant’s refiling his jail credit claim in a facially sufficient rule 3.850 motion. See Burch field v. State, 907 So. 2d 614 (Fla. 1st DCA 2005).
AFFIRMED.
KAHN, C.J., WOLF and PADOVANO, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Murphy v. State, 930 So. 2d 794 (Fla. 1st DCA 2006)…n that he is entitled to additional jail credit pursuant to Gethers v. State, 838 So. 2d 504 (Fla.2003). Contrary to the trial court’s determination, jail credit claims are cognizable in motions filed pursuant to rule 3.850. See e.g. Mills v. State, 911 So. 2d 850 (Fla. 1st DCA 2005). Therefore, because the trial court failed to attach record portions that refute the appellant’s facially sufficient claim for additional jail credit the denial of this claim was also error. Further, contrary to the state’s asser…
Authorities Cited
- Barnes v. Sanders, 907 So. 2d 614 (Fla. 3d DCA 2005)