Legal Opinion

Dove v. State

District Court of Appeal of Florida

Decided September 6, 2013No. 5D13-1568Published

1Per curiam

Joshua G. Dove appeals an order denying his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, seeking additional jail credit against his five-year prison sentence. The trial court denied Dove’s motion without reaching its merits, reasoning that rule 3.850 is only intended for use to collaterally challenge a conviction, and is *647therefore “not appropriate for the relief’ sought (jail credit). This is not correct. A jail credit claim that cannot be determined based upon the face of the record must be raised in a timely rule 8.850 motion if it is to be…

2Cases cited1 opinion

  1. Schlumpf v. StateDistrict Court of Appeal of Florida · 2011

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

Powered by the Exa API