FERNANDO TROCHE-VAZQUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FERNANDO TROCHE-VAZQUEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
114 So. 3d 422
Florida District Court of Appeal, Fifth District (2013)
Positive Treatment
Cited by 2 cases
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Opinion of the Court
Fernando Troche-Vazquez (defendant) appeals the order entered by the trial court denying his rule 3.800(a) motion *423claiming additional jail credit.1 The defendant has failed to present a facially sufficient claim since the alleged additional credit cannot be ascertained from the face of the record. See Cabrera v. State, 62 So.3d 1171 (Fla. 4th DCA 2011). Accordingly, we affirm the trial court’s order without prejudice to the defendant’s presenting his claim in a rule 3.850 motion.2
AFFIRMED.
PALMER, LAWSON and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Abraheem First-Page, 118 So. 3d 959 (Fla. 5th DCA 2013)…ate Appellee guilty.1 We reverse because section 775.08435(l)(a), Florida Statutes (2009), prohibits a court from [*960] withholding an adjudication of guilt upon a defendant who is found to have committed a first-degree felony. See State v. Foster, 114 So. 3d 422 (Fla. 5th DCA 2013); State v. Ketchum, 111 So. 3d 197 (Fla. 3d DCA 2013). The judgment and sentence are otherwise affirmed. AFFIRMED, in part; REVERSED, in part; and REMANDED for entry of an adjudication of guilt. PALMER, EVANDER and COHEN, JJ.,…
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State v. Dahl, 227 So. 3d 744 (Fla. 4th DCA 2017)…llee concedes, the trial court erred in this case because section 775.08435(l)(a), Florida Statutes (2015), prohibits a court from withholding adjudication of guilt for “[a]ny capital, life, or first degree felony offense.” See also State v. Foster, 114 So. 3d 422, 422 (Fla. 5th DCA 2013) (reversing trial court’s withhold of adjudication on a first degree felony, and remanding for an adjudication of guilt). Further, the trial court lacked jurisdiction to enter its corrected sentencing order and amended judgm…
Authorities Cited
- Cabrera v. State, 62 So. 3d 1171 (Fla. 4th DCA 2011)