Scottie D. Lowe v. State of Florida

District Court of Appeal of Florida

Scottie D. Lowe v. State of Florida

216 So. 3d 696, 2017 Fla. App. LEXIS 4564

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 2017

DocketCASE NO. 1D16-1554

StatusPublished

This text of 216 So. 3d 696 (Scottie D. Lowe v. State of Florida) 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

Scottie D. Lowe v. State of Florida, 216 So. 3d 696, 2017 Fla. App. LEXIS 4564 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Appellant Scottie D. Lowe filed a Florida Rule of Criminal Procedure 3.800(a) motion in which he argues that his original 2008 sentence for felony theft, a third-degree felony, was illegal because the trial court sentenced him' to 48 months of probation plus 18 months of inpatient treatment, which exceeded the five-year statutory maximum for this offense. In his second claim he asserts he is entitled to 254 days of jail credit.

The record indicates that the trial court imposed inpatient treatment as a condition of probation. See § 948.035, Fla. Stat. (2008) (allowing for imposition of inpatient treatment as a condition of probation). This probationary condition did not extend the 48-month term of probation, and thus this claim is meritless.

As to the second claim, Appellant asserts he was entitled to 254 days of jail credit. He needed to raise this claim pursuant to Florida Rule of Criminal Procedure 3.801, which affords a defendant a one-year period, measured from the date the sentence becomes final, in which to raise a jail credit claim, gee Fla. R. Crim. P. 3.801(b). Appellant’s sentence became final when this Court issued its mandate in the direct appeal, 1D13-4567, on June 2, 2015. Appellant filed the instant motion on January 22, 2016, and therefore his jail credit claim was timely under rule 3.801.

In response to this Court’s show cause order, the state replied that it could not show cause as to why Appellant should not be afforded the opportunity to file a facially sufficient rule 3.801 motion. We therefore affirm this appeal but without prejudice to Appellant filing a rule 3.801 motion within 60 days, * raising the claim of entitlement to the 254 days of jail credit.

AFFIRMED.

WOLF, RAY, and MAKAR, JJ., CONCUR.

*

Subsection (e) of rule 3.801 incorporates five subsections of rule 3.850. One of those subsections, 3.850(f)(2), allows for the filing of an amended motion within 60 days when a defendant submits a timely but facially insufficient motion.

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PER CURIAM.

Appellant Scottie D. Lowe filed a Florida Rule of Criminal Procedure 3.800(a) motion in which he argues that his original 2008 sentence for felony theft, a third-degree felony, was illegal because the trial court sentenced him' to 48 months of probation plus 18 months of inpatient treatment, which exceeded the five-year statutory maximum for this offense. In his second claim he asserts he is entitled to 254 days of jail credit.

The record indicates that the trial court imposed inpatient treatment as a condition of probation. See § 948.035, Fla. Stat. (2008) (allowing for imposition of inpatient treatment as a condition of probation). This probationary condition did not extend the 48-month term of probation, and thus this claim is meritless.

As to the second claim, Appellant asserts he was entitled to 254 days of jail credit. He needed to raise this claim pursuant to Florida Rule of Criminal Procedure 3.801, which affords a defendant a one-year period, measured from the date the sentence becomes final, in which to raise a jail credit claim, gee Fla. R. Crim. P. 3.801(b). Appellant’s sentence became final when this Court issued its mandate in the direct appeal, 1D13-4567, on June 2, 2015. Appellant filed the instant motion on January 22, 2016, and therefore his jail credit claim was timely under rule 3.801.

In response to this Court’s show cause order, the state replied that it could not show cause as to why Appellant should not be afforded the opportunity to file a facially sufficient rule 3.801 motion. We therefore affirm this appeal but without prejudice to Appellant filing a rule 3.801 motion within 60 days, * raising the claim of entitlement to the 254 days of jail credit.

AFFIRMED.

WOLF, RAY, and MAKAR, JJ., CONCUR.

*

Subsection (e) of rule 3.801 incorporates five subsections of rule 3.850. One of those subsections, 3.850(f)(2), allows for the filing of an amended motion within 60 days when a defendant submits a timely but facially insufficient motion.

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Bluebook (online)

216 So. 3d 696, 2017 Fla. App. LEXIS 4564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scottie-d-lowe-v-state-of-florida-fladistctapp-2017.