DEMETRIUS WOODY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the motion to correct illegal sentence was legally insufficient because it failed to point to record portions demonstrating entitlement to additional jail time credit.
Demetrius Woody appealed an order denying his motion for additional jail time credit. The trial court's disposition sheet contained a notation that ap…
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[*1159] PER CURIAM.
Demetrius Woody appeals an order denying his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, seeking additional credit for jail time served. We affirm without prejudice.
We disagree with the trial court’s conclusion that a notation on the disposition sheet, next to the award of credit for 154 days, stating “-agrees to T/S,” conclusively refuted Woody’s claim to be entitled to 548 days, which was the number shown on his presentence investigation report. However, the motion was legally insufficient for failing to point to the portions of the trial court record that demonstrate such entitlement. See State v. Mancino, 714 So. 2d 429, 433 (Fla.1998).
We affirm without prejudice to Woody’s filing either a rule 3.800 motion that affirmatively demonstrates, on the face of the record, his entitlement to additional credit, or a properly sworn rule 3.850 motion. Daily v. State, 750 So. 2d 37 (Fla. 4th DCA 1999).
Because the time for filing a rule 3.850 motion expired while the instant motion was pending below, any such rule 3.850 motion must be filed within thirty days of the date of the mandate to be issued in this case. See generally Lee v. State, 754 So. 2d 74 (Fla. 4th DCA 2000) (explaining that allowing thirty days after mandate for filing a rule 3.850 motion after expiration of two-year time limit is appropriate when a rule 3.800(a) motion has been filed at a time when a rule 3.850 motion also could have been timely filed).
Affirmed without prejudice.
KLEIN, STEVENSON, and DAMOORGIAN, JJ„ concur.
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Octavius Walker v. State, 105 So. 3d 550 (Fla. 5th DCA 2012)…. We affirm the trial court’s order denying Walker’s rule 3.800(a) motion without prejudice to Walker filing a rule 3.800(a) motion that affirmatively demonstrates on the face of the record his entitlement to additional credit. See Woody v. State, 993 So. 2d 1158 (Fla. 4th DCA 2008). AFFIRMED. GRIFFIN, EVANDER and JACOBUS, JJ., concur.…
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Rudicil v. State, 31 So. 3d 328 (Fla. 4th DCA 2010)…d on the sentencing sheet that Rudicil entered a negotiated plea, and that per the terms of the plea, had waived entitlement to credit for time served. A waiver of one’s credit for time served must be knowingly and voluntarily made. Woody v. State, 993 So. 2d 1158, 1159 (Fla. 4th DCA 2008)(“We disagree with the trial court’s conclusion that a notation on the disposition sheet, next to the award of credit for 154 days, stating ‘-agrees to T/S,’ conclusively refuted Woody’s claim to be entitled to 548 days”)(em…
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Ponce v. State, 24 So. 3d 724 (Fla. 4th DCA 2009)…a proper rule 3.800(a) motion alleging where in the Broward case record the information can be located which would demonstrate that he served time in the Miami-Dade jail during that period; or (2) a properly sworn rule 3.850 motion. Woody v. State, 993 So. 2d 1158, 1159 (Fla. 4th DCA 2008). Because the time for filing a rule 3.850 motion expired while the instant appeal was pending, any such rule 3.850 motion must be filed within thirty days of the mandate to be issued in this case. Id. With respect to the p…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Daily v. State, 750 So. 2d 37 (Fla. 4th DCA 1999)
- LEE v. State, 754 So. 2d 74 (Fla. 4th DCA 2000)