COREY LAKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion for credit for time served under rule 3.800(a) is not the appropriate procedural vehicle to seek out-of-state jail credit.
Defendant sought credit for time served in out-of-state jails on federal and other state charges before his sentencing on Florida charges. The trial c…
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Corey Lake (Defendant) appeals an order summarily denying his “motion for credit for time served,” filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm.
In his motion, Defendant alleged it was his understanding, when he entered his negotiated plea, that he would receive credit not only for the time he served in the Broward County Jail before sentencing, but also for the time he was detained in the county jail in Passaic, New Jersey on federal charges based on the same incident, before the federal charges were dismissed; and for the time he spent in jail in Delaware County, New York, and in transit to Florida, after his arrest on the Florida warrant issued in connection with the instant charges, time which totaled almost 300 days.1 At the sentencing hearing, the trial court agreed to give him credit for *235time served, but no one clarified that the number of days which the clerk announced and which the trial court accepted represented only the days which Defendant had served in the Broward County jail.
However, rule 3.800(a) is not an appropriate vehicle with which to seek out-of-state jail credit, see Gomez v. State, 984 So.2d 577, 578-79 (Fla. 4th DCA 2008); Garnett v. State, 957 So.2d 32 (Fla. 2d DCA 2007) (en banc) (receding from cases such as Robbins v. State, 799 So.2d 1093 (Fla. 2d DCA 2001)); West v. State, 22 So.3d 797 (Fla. 1st DCA 2009); Sambolin v. State, 2 So.3d 1097 (Fla. 5th DCA 2009). Cf. Picariello v. State, 728 So.2d 1185 (Fla. 3d DCA 1999) (considering the issue after treating appellant’s rule 3.800(a) motion as if it had been filed pursuant to rule 3.850), and the time within which Defendant could have filed a timely rule 3.850 motion expired in December 2008, over a year before this instant motion was filed.
Affirmed.
MAY, C.J., GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brooks v. State, 91 So. 3d 212 (Fla. 4th DCA 2012)…e jail credit is not cognizable in a rule 3.800(a) motion; such a claim must be raised either on direct appeal or in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of trial counsel. Lake v. State, 72 So. 3d 234 (Fla. 4th DCA 2011), and cases cited therein; Wombaugh v. State, 25 So. 3d 707 (Fla. 2d DCA 2010). Although Brooks’s motion was filed within the time for filing a timely rule 3.850 motion, it was not under oath, he did not allege that trial counsel…
Authorities Cited
- Jenkins v. State, 957 So. 2d 32 (Fla. 1st DCA 2007)
- Simpson v. Est. OF Roosevelt Norton, 984 So. 2d 577 (Fla. 3d DCA 2008)
- West v. State, 22 So. 3d 797 (Fla. 1st DCA 2009)
- Jones v. State, 728 So. 2d 1185 (Fla. 5th DCA 1999)
- Smith v. State, 799 So. 2d 1093 (Fla. 2d DCA 2001)
- Sambolin v. State, 2 So. 3d 1097 (Fla. 5th DCA 2009)