Legal Opinion

Fernandez-Tellez v. State

District Court of Appeal of Florida

Decided June 6, 2012No. 3D12-221PublishedCited by 2 opinions

1Per curiam

We affirm the trial court’s order denying Appellant’s motion, which sought an award of additional credit for time served. Although Appellant’s motion was brought in the alternative under Florida Rules of Criminal Procedure 3.800(a) and Rule 3.850, Appellant is not entitled to relief under either provision. His claims are not properly brought under Rule 3.800(a), see Johnson v. State, 60 So.3d 1045 (Fla. 2011); Crawford v. State, 77 So.3d 807 (Fla. 3d DCA 2011), and are time-barred under Rule 3.850(b) (a motion for postcon-viction relief will not be considered if filed more than two years…

2Cases cited4 opinions

  1. Johnson v. StateSupreme Court of Florida · 2011
  2. Fernandez v. StateDistrict Court of Appeal of Florida · 1993
  3. Crawford v. StateDistrict Court of Appeal of Florida · 2011
  4. Perez v. StateDistrict Court of Appeal of Florida · 2004

3Cited by2 opinions

  1. Carnet v. StateDistrict Court of Appeal of Florida · 2017
  2. Ruiz v. StateDistrict Court of Appeal of Florida · 2012

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API