GERONIMO GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GERONIMO GARCIA, APPELLANT,
STATE OF FLORIDA, APPELLEE
864 So. 2d 557
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the trial court’s denial of appellant’s 3.800(a) motion. See Hernandez-Molina v. State, 860 So. 2d 483 (Fla. 4th DCA 2003). We certify conflict with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), rev. dismissed, 821 So. 2d 302 (Fla.2002). To the extent the motion claimed credit for additional time served, this affirmance is without prejudice to appellant’s right to file a legally sufficient motion seeking credit in the trial court or to pursue his administrative remedies with the Department of Corrections, whichever is appropriate. See e.g., Perkins v. State, 839 So. 2d 797 (Fla. 4th DCA 2003).
FARMER, C.J., SHAHOOD and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 963 So. 2d 350 (Fla. 4th DCA 2007)…delines. The trial court failed to address numerous cases, many of which were specifically cited by Davis in his motion, which hold that this error constitutes an illegal sentence that may be corrected in a rule 3.800(a) motion. See Owen v. State, 864 So. 2d 557 (Fla. 4th DCA 2004); Smith v. State, 946 So. 2d 1078 (Fla. 1st DCA 2006) (finding sentence illegal and, even though claim had been previously raised and rejected, application of a procedural bar [*351] would result in a manifest injustice (as defend…
Authorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Hernandez-Molina v. State, 860 So. 2d 483 (Fla. 4th DCA 2003)
- Perkins v. State, 839 So. 2d 797 (Fla. 4th DCA 2003)