STACY SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STACY SCOTT, APPELLANT,
STATE OF FLORIDA, APPELLEE
993 So. 2d 1177
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Stacy Scott appeals from the summary denial of her rule 3.800(a) motion, in which she seeks additional jail credit in two Putnam County cases. We affirm the trial court’s denial without prejudice to Scott’s right to seek additional jail credit in a sworn motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Petscher v. State, 936 So. 2d 639, 639 (Fla. 5th DCA 2006) (Orfinger, J., concurring) (recognizing a claim for additional jail credit that cannot be resolved from the face of the record without resorting to fact-finding may only be raised in a timely and legally sufficient rule 3.850 motion).
AFFIRMED.
GRIFFIN, ORFINGER and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Scott v. State, 19 So. 3d 1115 (Fla. 5th DCA 2009)…the “face of the record.” We expressly stated that our decision was “without prejudice to [Appellant’s] right to seek additional jail credit in a sworn motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.” Scott v. State, 993 So. 2d 1177 (Fla. 5th DCA 2008). Thereafter, Appellant sought relief in a sworn rule 3.850 motion. Appellant’s claim is straight-forward. She states that she was arrested in Miami on the Putnam County charges at issue, was continuously held in two different ja…
Authorities Cited
- Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)