Barbour v. State

District Court of Appeal of Florida

Barbour v. State

770 So. 2d 714, 2000 Fla. App. LEXIS 13740, 2000 WL 1582758

District Court of Appeal of Florida·Decided October 25, 2000·No. No. 4D00-2822·Published·Cited by 1 cases

Opinion

PER CURIAM.

James Barbour appeals the denial of his motion to allow credit for jail time, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order as appellant did not allege where in the record this information can be located and how the record demonstrates his entitlement to relief. See Toro v. State, 719 So.2d 947 (Fla. 4th DCA 1998). Our affirmance, however, is without prejudice to Barbour to file a sworn motion to correct his sentence on the basis of additional jail credit pursuant to rule 3.850, within the time remaining under that rule.

DELL, FARMER and TAYLOR, JJ, concur.

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PER CURIAM.

James Barbour appeals the denial of his motion to allow credit for jail time, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order as appellant did not allege where in the record this information can be located and how the record demonstrates his entitlement to relief. See Toro v. State, 719 So.2d 947 (Fla. 4th DCA 1998). Our affirmance, however, is without prejudice to Barbour to file a sworn motion to correct his sentence on the basis of additional jail credit pursuant to rule 3.850, within the time remaining under that rule.

DELL, FARMER and TAYLOR, JJ, concur.

Barbour v. State, 770 So. 2d 714, 2000 Fla. App. LEXIS 13740, 2000 WL 1582758 (Fla. Ct. App. 2000).

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Opinion

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