JAMES D. BUIE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2012-11-09
No. 5D12-2949
PALMER, COHEN and BERGER, JJ., concur.
100 So. 3d 768 Florida District Court of Appeal, Fifth District (2012) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

James Buie (defendant) appeals the order entered by the trial court denying his “Motion to Accredit Jail Time,” filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm the denial of the defendant’s motion because challenges to credit for time served provisions of a defendant’s plea agreement are not cognizable under rule 3.800(a). Johnson v. State, 60 So.3d 1045 (Fla.2011). In addition, the instant motion could not be treated as a rule 3.850 motion because it was not made under oath. See Fla. R.Crim. P. 3.850(c). Accordingly, we af*769firm without prejudice to the defendant filing a motion pursuant to rule 3.850.

AFFIRMED.

PALMER, COHEN and BERGER, JJ., concur.

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  • Lawrence v. State, 125 So. 3d 229 (Fla. 4th DCA 2013)
    …Affirmed without prejudice to appellant filing a sworn and 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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