Legal Opinion

Mendez v. State

District Court of Appeal of Florida

Decided August 6, 2010No. 5D10-1417PublishedCited by 1 opinion

1Per curiam

We affirm the denial of the Appellant’s motion to correct illegal sentence, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We do so without prejudice to the Appellant to file a legally sufficient rule 3.800(a) motion that affirmatively demonstrates from the face of the record that he is entitled to the additional jail credit he seeks. In this case, that means he must allege where in the record information can be found that demonstrates he served time in the Lake County Jail solely because of an Orange County detainer. See Ponce v. State, 24 So.3d 724 (Fla. 4th DCA…

2Cases cited2 opinions

  1. Harnage v. StateDistrict Court of Appeal of Florida · 2006
  2. Ponce v. StateDistrict Court of Appeal of Florida · 2009

3Cited by1 opinion

  1. Gisi v. StateDistrict Court of Appeal of Florida · 2014

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