Rodriguez v. State

728 So. 2d 1172, 1999 Fla. App. LEXIS 2242, 1999 WL 104567
District Court of Appeal of Florida·Decided March 3, 1999·No. No. 99-337·Published·Cited by 1 cases

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

728 So. 2d 1172 (Rodriguez v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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