PATRICK CRAWFORD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2011-12-28
No. 3D11-2401
Before SHEPHERD, SUAREZ, and SALTER, JJ.
77 So. 3d 807 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 4 cases
Topics
Credit For Jail Time Served Motion To Correct Illegal Sentence Violation Of Probation

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Opinion of the Court
SHEPHERD, J.

SHEPHERD, J.

The defendant, Patrick Crawford, appeals a summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800, in which he seeks additional credit for jail time served. On December 6, 2010, the defendant admitted to violating his probation in exchange for “thirty months in state prison with credit from the last booking date.” In his motion, the defendant seeks an additional 415 days of credit for *808time spent incarcerated prior to his violation of probation, arguing he never waived this credit.

As this argument is not cognizable under a rule 3.800(a) motion, we affirm without prejudice for the defendant to file a timely Florida Rule of Criminal Procedure 8.850 motion challenging his plea on this basis, should he choose to do so. See Johnson v. State, 60 So.3d 1045 (Fla.2011) (holding that challenges to plea agreement provisions concerning credit for time served are not cognizable in rule 3.800(a) motions because they present factual questions that cannot be resolved on the basis of trial court records.)

Affirmed without prejudice.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Fernandez-Tellez v. State, 89 So. 3d 1070 (Fla. 3d DCA 2012)
    …er Florida Rules of Criminal Procedure 3.800(a) and Rule 3.850, Appellant is not entitled to relief under either provision. His claims are not properly brought under Rule 3.800(a), see Johnson v. State, 60 So. 3d 1045 (Fla. 2011); Crawford v. State, 77 So. 3d 807 (Fla. 3d DCA 2011), and are time-barred under Rule 3.850(b) (a motion for postcon-viction relief will not be considered if filed more than two years after the judgment and sentence become final, subject to exceptions for newly-discovered evidence, r…
  • Lawrence v. State, 125 So. 3d 229 (Fla. 4th DCA 2013)
    …timely motion for post-conviction relief. Fla. R.Crim. P. 3.850; Johnson v. State, 60 So. 3d 1045, 1049, 1052 (Fla.2011); Seplow v. State, 82 So. 3d 948 (Fla. 4th DCA 2011); Buie v. State, 100 So. 3d 768, 769 (Fla. 5th DCA 2012); Crawford v. State, 77 So. 3d 807, 808 (Fla. 3d DCA 2011); Green v. State, 62 So. 3d 1148, 1149 (Fla. 1st DCA 2011). WARNER, GERBER and CONNER, JJ., concur.…

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