Buie v. State

District Court of Appeal of Florida

Buie v. State

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

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 2012

DocketNo. 5D12-2949

StatusPublished

Cited by1 cases

This text of 100 So. 3d 768 (Buie 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

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

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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.

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Bluebook (online)

100 So. 3d 768, 2012 Fla. App. LEXIS 19544, 2012 WL 5457203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buie-v-state-fladistctapp-2012.

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