Yoni Javier Estopinales v. State of Florida

165 So. 3d 757, 2015 Fla. App. LEXIS 7641, 2015 WL 2393360

Opinion

PER CURIAM.

We affirm without prejudice the trial court’s denial of appellant’s motion to correct illegal sentence. Regarding appellant’s claim for additional jail credit, he may file a sworn and legally sufficient rule 3.801 motion within the time remaining under the rule. See Fla. R. Crim. P. 3.801(c) (setting forth the required contents for such a motion). As for appellant’s claim that his Broward and Volusia County sentences were to run concurrently, he may file a sworn motion pursuant to Florida Rule of Criminal Procedure 3.850, alleging that such was an express condition of his plea, if he can do so in good faith. See, e.g., Bruce v. State, 679 So.2d 45 (Fla. 3d DCA 1996).

Affirmed without prejudice.

GROSS, LEVINE and FORST, JJ., concur.