Yoni Javier Estopinales v. State of Florida

District Court of Appeal of Florida

Yoni Javier Estopinales v. State of Florida

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

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 2015

Docket4D15-516

StatusPublished

This text of 165 So. 3d 757 (Yoni Javier Estopinales 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.

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Yoni Javier Estopinales v. State of Florida, 165 So. 3d 757, 2015 Fla. App. LEXIS 7641, 2015 WL 2393360 (Fla. Ct. App. 2015).

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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.

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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.

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165 So. 3d 757, 2015 Fla. App. LEXIS 7641, 2015 WL 2393360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yoni-javier-estopinales-v-state-of-florida-fladistctapp-2015.

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