Vasquez v. State

District Court of Appeal of Florida

Vasquez v. State

829 So. 2d 341, 2002 Fla. App. LEXIS 15674, 2002 WL 31422925

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 2002

DocketNo. 3D02-1879

StatusPublished

This text of 829 So. 2d 341 (Vasquez 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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Vasquez v. State, 829 So. 2d 341, 2002 Fla. App. LEXIS 15674, 2002 WL 31422925 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

As in Ramos v. State, 823 So.2d 265 (Fla. 3d DCA 2002), the trial court erroneously denied the appellant’s Rule 3.800 claim to credit for time served before sentencing on the ground that required administrative remedies had not been pursued. As the state again agrees, however, such action is required only as to claims to time served post-sentencing. Ramos v. State, 823 So.2d 265 (Fla. 3d DCA 2002); Garcia v. State, 736 So.2d 1224 (Fla. 3d DCA 1999). The order is therefore reversed and remanded for an appropriate hearing on the appellant’s motion at which he may prevail if “the court records demonstrate on their face an entitlement to relief.” State v. Mancino, 714 So.2d 429, 433 (Fla.1998); Ramos, 823 So.2d at 265.

Reversed and remanded.

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PER CURIAM.

As in Ramos v. State, 823 So.2d 265 (Fla. 3d DCA 2002), the trial court erroneously denied the appellant’s Rule 3.800 claim to credit for time served before sentencing on the ground that required administrative remedies had not been pursued. As the state again agrees, however, such action is required only as to claims to time served post-sentencing. Ramos v. State, 823 So.2d 265 (Fla. 3d DCA 2002); Garcia v. State, 736 So.2d 1224 (Fla. 3d DCA 1999). The order is therefore reversed and remanded for an appropriate hearing on the appellant’s motion at which he may prevail if “the court records demonstrate on their face an entitlement to relief.” State v. Mancino, 714 So.2d 429, 433 (Fla.1998); Ramos, 823 So.2d at 265.

Reversed and remanded.

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829 So. 2d 341, 2002 Fla. App. LEXIS 15674, 2002 WL 31422925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vasquez-v-state-fladistctapp-2002.

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