STEPHEN W. ERICSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Stephen W. Ericson appeals the post-conviction court’s order denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). To resolve Mr. Ericson’s jail credit claim requires factual determinations that are not apparent from the face of the record. Therefore, this claim may not be raised by a rule 3.800(a) motion. See Clifton v. State, 905 So. 2d 1042 (Fla. 2d DCA 2005). Accordingly, we affirm the order without prejudice to any right Mr. Ericson might have to file a timely and facially sufficient sworn motion seeking jail credit under Florida Rule of Criminal Procedure 3.850. Any such motion will not be deemed successive.
Affirmed.
ALTENBERND, KELLY, and WALLACE, JJ., Concur.
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Carlin v. State, 939 So. 2d 245 (Fla. 1st DCA 2006)…2d 311, 314 (Fla.2003). “An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.” Godwin v. State, 593 So. 2d 211, 212 (Fla.1992). See also A.G. v. Dep’t of Children & Family Servs., 932 So. 2d 311, 313 (Fla. 2d DCA 2006). “It is the function of a judicial tribunal to decide actual controversies by a judgment which can be carried into effect, and not to give opinions on moot questions, or to declare principles or rules of law which cannot affe…
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Fla. Dep't OF Child. & Families v. Y.C., 82 So. 3d 1139 (Fla. 3d DCA 2012)…ties having adverse legal interests, [e.s.]. See Bryant v. Gray, 70 So. 2d 581, 584 (Fla.1954) ("[Tjhere must be a bona fide dispute between the contending parties as to a present justiciable question.’’); A.G. v. Dep’t of Children & Family Servs., 932 So. 2d 311, 313 (Fla. 2d DCA 2006) ("It is the function of a judicial tribunal to decide actual controversies” (quoting Montgomery v. Dep’t of Health [*1142] & Rehabilitative Servs., 468 So. 2d 1014, 1016-17 (Fla. 1st DCA 1985))); Ferreiro v. Phila. Indem. Ins…
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Campbell v. Racetrack Bingo, Inc., 75 So. 3d 321 (Fla. 1st DCA 2011)…. “‘An appeal should be dismissed where no practical result could be attained by reviewing the questions therein contained. Under such circumstances the appeal may be dismissed of the court’s own motion.’ ” A.G. v. Dep’t of Children & Family Servs., 932 So. 2d 311, 314 (Fla. 2d DCA 2006) (quoting DeHoff v. Imeson, 153 Fla. 553, 15 So. 2d 258, 259 (1943)).…
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- Clifton v. State, 905 So. 2d 1042 (Fla. 2d DCA 2005)