SATNAM SINGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2008-12-03
No. 4D07-3650
POLEN, KLEIN and STEVENSON, JJ., concur.
995 So. 2d 1123 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of the circuit court’s summary denial of his seven-ground motion pursuant to rule 3.850, Florida Rules of Criminal Procedure. We affirm the circuit court’s decision with exception to ground seven, which is affirmed without prejudice. The burden is upon the Department of Corrections to determine jail time credit for time spent incarcerated between sentencing and being placed in the custody of the department. § 921.161, Fla. Stat. (2007). As such, this affirmance is without prejudice to appellant’s seeking post-sentencing jail credit, administratively, from the Department of Corrections. See Hastings v. State, 899 So. 2d 458 (Fla. 4th DCA 2005).

POLEN, KLEIN and STEVENSON, JJ., concur.


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  • McDOUGHALL v. State, 133 So. 3d 1097 (Fla. 4th DCA 2014)
    …y testimony was not sufficient evidence to support the court’s revocation of McDoughall’s probation based on the new charges for drug possession and trafficking. See Forbes v. State, 38 So. 3d 232, 233-34 (Fla. 3d DCA 2010); see also Lewis v. State, 995 So. 2d 1123, 1124-25 (Fla. 4th DCA 2008). Because we find that the evidence was insufficient to prove that the pills were illegal substances, we also sustain McDoughall’s challenges to the trial court’s finding that he violated condition 7 by possessing drugs o…
  • Brown v. State, 260 So. 3d 1101 (Fla. 3d DCA 2018)
  • Cote v. State (Fla. 5th DCA 2019)
    …n and that he willfully violated his probation by being unsuccessfully discharged from the treatment program. This evidence, by itself, was insufficient to establish that Appellant willfully violated the terms of his probation. See Lewis v. State, 995 So. 2d 1123, 1125 (Fla. 4th DCA 2008) (reversing violation of probation where probation officer's hearsay testimony was only evidence showing willful violation and she had no personal knowledge of the new arrest that formed the basis of the violation). Therefo…

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