Buie v. State

District Court of Appeal of Florida

Buie v. State

100 So. 3d 768, 2012 Fla. App. LEXIS 19544, 2012 WL 5457203

District Court of Appeal of Florida·Decided November 9, 2012·No. No. 5D12-2949·Published·Cited by 1 cases

Opinion

PER CURIAM.

James Buie (defendant) appeals the order entered by the trial court denying his “Motion to Accredit Jail Time,” filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm the denial of the defendant’s motion because challenges to credit for time served provisions of a defendant’s plea agreement are not cognizable under rule 3.800(a). Johnson v. State, 60 So.3d 1045 (Fla.2011). In addition, the instant motion could not be treated as a rule 3.850 motion because it was not made under oath. See Fla. R.Crim. P. 3.850(c). Accordingly, we af[769]*769firm without prejudice to the defendant filing a motion pursuant to rule 3.850.

AFFIRMED.

PALMER, COHEN and BERGER, JJ., concur.

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PER CURIAM.

James Buie (defendant) appeals the order entered by the trial court denying his “Motion to Accredit Jail Time,” filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm the denial of the defendant’s motion because challenges to credit for time served provisions of a defendant’s plea agreement are not cognizable under rule 3.800(a). Johnson v. State, 60 So.3d 1045 (Fla.2011). In addition, the instant motion could not be treated as a rule 3.850 motion because it was not made under oath. See Fla. R.Crim. P. 3.850(c). Accordingly, we af[769]*769firm without prejudice to the defendant filing a motion pursuant to rule 3.850.

AFFIRMED.

PALMER, COHEN and BERGER, JJ., concur.

Buie v. State, 100 So. 3d 768, 2012 Fla. App. LEXIS 19544, 2012 WL 5457203 (Fla. Ct. App. 2012).

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Opinion

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