IANLEAL SCHUETTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the order denying appellant’s motion to correct illegal sentence. Our affirmance is without prejudice to appellant filing a Rule 3.800(a) motion that alleges where in the record the information regarding jail time can be located and explains how the record demonstrates entitlement to the credit for jail time, see Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). See also Phillips v. State, 839 So. 2d 893 (Fla. 4th DCA 2003); Trapkin v. State, 857 So. 2d 989 (Fla. 4th DCA 2003); Swanson v. State, 825 So. 2d 507 (Fla. 1st DCA 2002). If appellant’s true complaint is that the Department of Corrections has failed to grant him credit for time served, then he must seek relief from the Department as outlined in Milne v. State, 807 So. 2d 725, 726 (Fla. 4th DCA 2002).
STEVENSON, C.J., GUNTHER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shelton v. State, 942 So. 2d 1028 (Fla. 4th DCA 2006)…g and for time served after sentencing but before transport to prison. Shelton is not entitled to seek credit in the trial court for post-sentencing time served, as that is properly raised with the Department of Corrections. See Schuettler v. State, 931 So. 2d 1044 (Fla. 4th DCA 2006); Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002). Thus, the trial court did not err in summarily denying that portion of his motion asking for post-sentencing credit. However, it did err insofar as it also summarily denied h…
Authorities Cited
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)
- Ross v. State, 807 So. 2d 725 (Fla. 3d DCA 2002)
- Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002)
- Swanson v. State, 825 So. 2d 507 (Fla. 1st DCA 2002)
- Renita West v. Wal-Mart Stores, Inc., 825 So. 2d 507 (Fla. 1st DCA 2002)
- Schwartz v. State, 839 So. 2d 893 (Fla. 3d DCA 2003)
- Thomas v. State, 839 So. 2d 893 (Fla. 3d DCA 2003)
- Trapkin v. State, 857 So. 2d 989 (Fla. 4th DCA 2003)