Battle v. State

District Court of Appeal of Florida

Battle v. State

805 So. 2d 1033, 2001 Fla. App. LEXIS 18514, 2001 WL 1744691

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 2001

DocketNo. 2D01-4622

StatusPublished

Cited by1 cases

This text of 805 So. 2d 1033 (Battle v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Battle v. State, 805 So. 2d 1033, 2001 Fla. App. LEXIS 18514, 2001 WL 1744691 (Fla. Ct. App. 2001).

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Opinion

DAVIS, Acting Chief Judge.

James Earl Battle appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order without prejudice to Battle’s right to file a facially sufficient rule 3.800(a) motion, if he is able to do so. See Hall v. State, 784 So.2d 1224 (Fla. 2d DCA 2001) (stating that a facially sufficient rule 3.800(a) claim for additional jail time credit for time spent at a drug treatment center must allege that the drug treatment center was the functional equivalent of jail).

Affirmed.

COVINGTON, J., and THREADGILL, EDWARD F., Senior Judge, Concur.

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DAVIS, Acting Chief Judge.

James Earl Battle appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order without prejudice to Battle’s right to file a facially sufficient rule 3.800(a) motion, if he is able to do so. See Hall v. State, 784 So.2d 1224 (Fla. 2d DCA 2001) (stating that a facially sufficient rule 3.800(a) claim for additional jail time credit for time spent at a drug treatment center must allege that the drug treatment center was the functional equivalent of jail).

Affirmed.

COVINGTON, J., and THREADGILL, EDWARD F., Senior Judge, Concur.

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805 So. 2d 1033, 2001 Fla. App. LEXIS 18514, 2001 WL 1744691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battle-v-state-fladistctapp-2001.

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