ALEX BRITO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Alex Brito appealed the trial court's denial of his motion to correct jail credit in a criminal case. The court affirmed, holding that Brito's motion was untimely and that he was not entitled to credit for time served in state prison on a separate case.
The court affirmed the denial of Brito's motion to correct jail credit because the motion was untimely under Florida Rule of Criminal Procedure 3.801(b), and Brito failed to establish any basis for receiving credit for time served on the separate case.
[1] A motion for correction of jail credit is untimely if filed more than one year after the sentence becomes final, with a specific exception for sentences imposed prior to…
[2] A defendant is not entitled to credit for time served in state prison on one case against a concurrent sentence imposed in a separate case, absent a specific basis establ…
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Join FLexlaw to unlock all legal intelligence“No motion [for correction of jail credit] shall be filed or considered pursuant to this rule if filed more than 1 year after the sentence becomes final.”
Establishes the one-year deadline for filing jail credit correction motions under Florida Rule of Criminal Procedure 3.801(b).
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Join FLexlaw to unlock all legal intelligenceBrito was sentenced on January 13, 2006, in case 04-36070 to twenty-five years in prison with a ten-year minimum mandatory. He received 406 days of cr…
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We affirm the trial court’s order denying Alex Brito’s motion to correct jail credit in *523lower court case number 04-36070. To the extent Brito seeks a correction of county jail credit awarded, the motion was untimely. See Fla. R. Crim. P. 3.801(b) (providing that “[n]o motion [for correction of jail credit] shall be filed or considered pursuant to this rule if filed more than 1 year after the sentence becomes final. For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1,2014.”)
Further, and to the extent that Brito asserts an entitlement to time he previously served in state prison on another case (00-20146), this assertion is conclusively refuted by the face of the judgment and sentence in the instant ease. The judgment and sentence in 04-36070 establishes that Brito was sentenced to twenty-five years in prison, with a ten-year minimum mandatory, and was awarded credit from the date of his arrest on December 3, 2004 to the date of his sentencing on January 13, 2006 (406 days). Brito claims, without any support, that he should also have received, as against this sentence, credit for the four years he served in state prison (from July of 2000 to July of 2004) in lower court case number 00-21478. However, Brito failed to allege or establish any basis for this claim.1
Affirmed.
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