JOSEPH DENNIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the denial of appellant’s motion to correct illegal sentence seeking out-of-state jail credit. However, we do so without prejudice to appellant’s raising this claim in a properly sworn rule 3.850 motion. See Lewis v. State, 926 So.2d 437 (Fla. 1st DCA 2006) (court cannot treat rule 3.800(a) motion as rule 3.850 motion where motion is not properly sworn); Daily v. State, 750 So.2d 37 (Fla. 4th DCA 1999) (affirming denial of 3.800(a) motion seeking jail credit without prejudice to defendant’s filing facially sufficient 3.800(a) motion demonstrating where in the record entitlement to relief can be shown or for defendant to file properly sworn rule 3.850 motion raising the same issue); Petscher v. State, 936 So.2d 639 (Fla. 5th DCA 2006) (if jail credit claim cannot be resolved from face of record without resorting to fact finding, claim must be raised in rule 3.850 motion) (Orfinger, J., concurring).
AFFIRMED.
WOLF, KAHN, and VAN NORTWICK, JJ., concur.
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White v. State, 81 So. 3d 644 (Fla. 1st DCA 2012)…. 1st DCA 2004); Jacobson [*645] v. Sklaire, 50 So. 3d 1 (Fla. 3d DCA 2010). This dismissal is without prejudice to any right the appellant may have to seek belated review, see Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000); Parker v. McNeil, 9 So. 3d 761 (Fla. 1st DCA 2009), or other relief, see G.W. v. Rushing, 22 So. 3d 819, 821 (Fla. 2d DCA 2009); Alistan v. State, 685 So. 2d 1312, 1313 (Fla. 2d DCA 1996). DAVIS, CLARK, and ROWE, JJ„ concur.…
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Bonckowski v. State, 95 So. 3d 417 (Fla. 1st DCA 2012)…m pursuant to Florida Rule of Criminal Procedure 3.800(a). See Cabrera v. State, 62 So. 3d 1171, 1172 (Fla. 4th DCA 2011). A motion pursuant to Florida Rule of Criminal Procedure 3.850 would, however, presumably still be timely. See Dennis v. State, 9 So. 3d 761 (Fla. 1st DCA 2009).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daily v. State, 750 So. 2d 37 (Fla. 4th DCA 1999)
- Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)
- Lewis v. State, 926 So. 2d 437 (Fla. 1st DCA 2006)