ERIC G. ANDERSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ERIC G. ANDERSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
96 So. 3d 1041
Florida District Court of Appeal, Third District (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
We affirm the trial court’s order summarily denying, as facially insufficient, the defendant’s Florida Rule of Criminal Procedure 3.800 motion to allow credit for jail time served. See Whitfield v. State, 864 So.2d 562, 562 (Fla. 1st DCA 2004) (“[A] facially sufficient rule 3.800 motion to correct an illegal sentence must allege where and how the court records demonstrate entitlement to relief.” (citing Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998))). However, we affirm without prejudice to the defendant’s filing of a legally sufficient motion.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Padron v. State, 128 So. 3d 55 (Fla. 3d DCA 2012)…motion on February 8, 2012, and attached various documents. On appeal from that order, this Court reversed because none of the record documents attached to the order showed conclusively that the defendant was not entitled to relief. Padrón v. State, 96 So. 3d 1041 (Fla. 3d DCA 2012). In September 2012, the defendant filed a motion for a ruling in keeping with Pa-drón. The trial court entered the order on appeal here with the blanket statement that the defendant is not entitled to any more credit. It attached…
Authorities Cited
- Williamson v. Penni Lane Williamson, 714 So. 2d 1167 (Fla. 3d DCA 1998)
- Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998)
- Whitfield v. State, 864 So. 2d 562 (Fla. 1st DCA 2004)