CHRISTOPHER THOMPKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the tidal court’s denial of Christopher Thompkins’s motion for jail credit. This court’s affirmance of the claim is without prejudice to Thompkins filing a legally sufficient rule 3.800(a) or 3.850 motion in the trial court establishing through specifically identified record evidence that he is entitled to additional jail credit. See Warren v. State, 980 So.2d 1204 (Fla. 4th DCA 2008); Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998).
We note that Thompkins’s initial brief includes details not included in the motion filed below and therefore not considered by the trial court. To state a sufficient claim, Thompkins must allege and identify records showing the date the Broward County arrest warrant(s) was formally served on him while he was in the Miami-Dade County jail. See Gethers v. State, 838 So.2d 504 (Fla.2003); see also Jesel v. State, 995 So.2d 1160 (Fla. 5th DCA 2008); Ervin v. State, 971 So.2d 995 (Fla. 5th DCA 2008).
GROSS, C.J, WARNER and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Geralds v. State, 8 So. 3d 1277 (Fla. 4th DCA 2009)…timely and verified rule 3.850 motion for postconviction relief specifically identifying record evidence demonstrating that she is entitled to additional jail credit, and quantifying the exact amount of credit allegedly due. See Thompkins v. State, 3 So. 3d 438 (Fla. 4th DCA 2009). Affirmed. GROSS, C.J., MAY and DAMOORGIAN, JJ., concur.…
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Douse v. State, 61 So. 3d 481 (Fla. 4th DCA 2011)…Affirmed, without prejudice to appellant filing a Rule 3.800(a) motion which alleges where in the record the information regarding jail time can be located and explains how the record demonstrates entitlement to that relief. See Thompkins v. State, 3 So. 3d 438 (Fla. 4th DCA 2009); Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). POLEN, MAY and CONNER, JJ., concur.…
Authorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)
- Myers v. State, 980 So. 2d 1204 (Fla. 4th DCA 2008)
- Ervin v. State, 971 So. 2d 995 (Fla. 5th DCA 2008)
- Jones v. State, 995 So. 2d 1160 (Fla. 1st DCA 2008)
- Jesel v. State, 995 So. 2d 1160 (Fla. 5th DCA 2008)