JAMES EDWARD GIBSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-02-20
No. 3D07-3055
Before WELLS, ROTHENBERG, and SALTER, JJ.
976 So. 2d 84 Florida District Court of Appeal, Third District (2008) Caution
Cited by 5 cases
Opinion of the Court
SALTER, J.

SALTER, J.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). The motion alleges in paragraph five that the appellant is entitled to credit for time served in the total amount of 300 days. In paragraph six, the appellant alleges that the Department of Corrections’ records reflect a credit for time served in the amount of 320 days. The motion, on its face, demonstrates no basis for relief. The trial court’s summary denial was correct.

Affirmed.

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  • Black v. State, 230 So. 3d 166 (Fla. 5th DCA 2017)
    …use the codefendant had not been sentenced when Forte proceeded to trial the codefendant could have invoked his Fifth Amendment right. However, nothing in the limited record before us supports the State's contention,”); see also Echevarria v. State, 976 So. 2d 84, 85 (Fla. 3d DCA 2008). Second, the post-conviction .court improperly evaluated Snead’s credibility. Generally, an evidentiary hearing is required to assess the reliability and credibility of allegations in an affidavit attached to a motion for pos…
  • Black v. State, 202 So. 3d 466 (Fla. 5th DCA 2016)
    …e charges and awaiting trial at the time Black went to trial; however, there is nothing in the record that demonstrates Snead’s charges were pending or that Snead invoked his Fifth Amendment right against self-incrimination. See Echevarria v. State, 976 So. 2d 84, 85 (Fla. 3d DCA 2008); see also Forte v. State, 189 So. 3d 1043, 1044 (Fla. 2d DCA 2016).…
  • Livingston v. State (Fla. 1st DCA 2019)
    …ant had not been sentenced when Forte proceeded to trial the codefendant could have invoked his Fifth Amendment right. However, nothing in the 4 limited record before us supports the State’s contention.”); see also Echevarria v. State, 976 So. 2d 84, 85 (Fla. 3d DCA 2008). Black, 230 So. 3d at 168. Here, nothing in the record indicates that Dominic Livingston ever asserted his Fifth Amendment rights. Thus, the court’s reason for summarily denying the claim concerning failure to call the…

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