MacDonald v. State

District Court of Appeal of Florida

MacDonald v. State

134 So. 3d 559, 2014 Fla. App. LEXIS 3598, 2014 WL 982699

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 2014

DocketNo. 5D13-4487

StatusPublished

This text of 134 So. 3d 559 (MacDonald 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

MacDonald v. State, 134 So. 3d 559, 2014 Fla. App. LEXIS 3598, 2014 WL 982699 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

We affirm the trial court’s order denying Thomas MacDonald’s motion seeking additional jail credit filed under Florida Rule of Criminal Procedure 3.800(a). Our affir-mance is without prejudice for MacDonald to file a motion complying with Florida Rule of Criminal Procedure 3.801. If MacDonald chooses to file a rule 3.801 motion, it must comply with the requirements outlined in rule 3.801(b), (c) and (e) as well as rule 3.850(n). Upon receipt of a rule 3.801 motion, the trial court must follow the procedure outlined in rule 3.850(f). See Fla. R.Crim. P. 3.801(e) (effective July 1, 2013). MacDonald must file his motion on or before July 1, 2014. See Fla. R.Crim. P. 3.801(b) (effective December 5, 2013).

AFFIRMED WITHOUT PREJUDICE.

TORPY, C.J., ORFINGER and EVANDER, JJ., concur.

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PER CURIAM.

We affirm the trial court’s order denying Thomas MacDonald’s motion seeking additional jail credit filed under Florida Rule of Criminal Procedure 3.800(a). Our affir-mance is without prejudice for MacDonald to file a motion complying with Florida Rule of Criminal Procedure 3.801. If MacDonald chooses to file a rule 3.801 motion, it must comply with the requirements outlined in rule 3.801(b), (c) and (e) as well as rule 3.850(n). Upon receipt of a rule 3.801 motion, the trial court must follow the procedure outlined in rule 3.850(f). See Fla. R.Crim. P. 3.801(e) (effective July 1, 2013). MacDonald must file his motion on or before July 1, 2014. See Fla. R.Crim. P. 3.801(b) (effective December 5, 2013).

AFFIRMED WITHOUT PREJUDICE.

TORPY, C.J., ORFINGER and EVANDER, JJ., concur.

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Bluebook (online)

134 So. 3d 559, 2014 Fla. App. LEXIS 3598, 2014 WL 982699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macdonald-v-state-fladistctapp-2014.