RONNIE EDWARD EDMONDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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STRINGER, Judge.
Ronnie Edward Edmondson appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the trial court treated as a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order of denial because the record indicates that Edmondson is not entitled to the jail credit he requested. However, Edmondson may have a meritorious claim of ineffective assistance of counsel. See Blake v. State, 807 So. 2d 772, 773 (Fla. 2d DCA 2002). Therefore, we affirm without prejudice to any right Edmondson may have to file a timely, facially sufficient motion for postconviction relief raising such a claim. See id.; Hill v. State, 821 So. 2d 1173 (Fla. 2d DCA 2002).
Affirmed.
WHATLEY and CANADY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barron Thompson v. State, 60 So. 3d 563 (Fla. 2d DCA 2011)…edure 3.800(a), which was denied in 2008, this would not preclude Thompson from raising jail credit issues under rule 3.850 if he is able to demonstrate that the credit was not awarded due to counsel’s ineffectiveness. See, e.g., Edmondson v. State, 854 So. 2d 751, 751 (Fla. 2d DCA 2003) (affirming the denial of a rule 3.800(a) motion because the record indicated that the defendant was not entitled to the jail credit but observing that the defendant might have “a meritorious claim of ineffective assistance of…
Authorities Cited
- Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002)
- Vega v. State, 821 So. 2d 1173 (Fla. 5th DCA 2002)
- Hill v. State, 821 So. 2d 1173 (Fla. 2d DCA 2002)