ORLANDO RODRIGUEZ, A/K/A JUSTO CORTES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ORLANDO RODRIGUEZ, A/K/A JUSTO CORTES, APPELLANT,
STATE OF FLORIDA, APPELLEE
728 So. 2d 1172
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The order denying the appellant’s unsworn motion for jail credit is hereby affirmed without prejudice to file a sworn motion pursuant to Florida Rule of Criminal Procedure 3.850. A claim for additional credit can be raised in an unsworn motion to correct illegal sentence only if entitlement to such credit is clear from the face of the record. State v. Mancino, 714 So. 2d 429 (Fla.1998). Since that is not the ease here, appellant is required to seek relief under rule 3.850 within the time remaining under that rule.
FARMER, GROSS, and HAZOURI JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martinez v. State, 61 So. 3d 1265 (Fla. 4th DCA 2011)…PER CURIAM. We affirm the trial court’s denial of appellant’s Florida Rule of Criminal Procedure 3.800(a) motion without prejudice to file a sufficient postconviction motion. Rodriguez v. State, 728 So. 2d 1172 (Fla. 4th DCA 1999). Appellant’s unsworn Rule 3.800(a) motion did not establish that the face of the record established a clear entitlement to additional jail credit in this case. State v. Mancino, 714 So. 2d 429 (Fla.1998). Appellant failed to sh…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)