Rodriguez v. State

District Court of Appeal of Florida

Rodriguez v. State

728 So. 2d 1172, 1999 Fla. App. LEXIS 2242, 1999 WL 104567

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1999

DocketNo. 99-337

StatusPublished

Cited by1 cases

This text of 728 So. 2d 1172 (Rodriguez 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.

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Rodriguez v. State, 728 So. 2d 1172, 1999 Fla. App. LEXIS 2242, 1999 WL 104567 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The order denying the appellant’s unsworn motion for jail credit is hereby affirmed without prejudice to file a sworn motion pursuant to Florida Rule of Criminal Procedure 3.850. A claim for additional credit can be raised in an unsworn motion to correct illegal sentence only if entitlement to such credit is clear from the face of the record. State v. Mancino, 714 So.2d 429 (Fla.1998). Since that is not the ease here, appellant is required to seek relief under rule 3.850 within the time remaining under that rule.

FARMER, GROSS, and HAZOURI JJ., concur.

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PER CURIAM.

The order denying the appellant’s unsworn motion for jail credit is hereby affirmed without prejudice to file a sworn motion pursuant to Florida Rule of Criminal Procedure 3.850. A claim for additional credit can be raised in an unsworn motion to correct illegal sentence only if entitlement to such credit is clear from the face of the record. State v. Mancino, 714 So.2d 429 (Fla.1998). Since that is not the ease here, appellant is required to seek relief under rule 3.850 within the time remaining under that rule.

FARMER, GROSS, and HAZOURI JJ., concur.

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728 So. 2d 1172, 1999 Fla. App. LEXIS 2242, 1999 WL 104567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-state-fladistctapp-1999.

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