Legal Opinion

Rose v. State

District Court of Appeal of Florida

Decided May 7, 2004No. 5D04-716PublishedCited by 1 opinion

1Opinion of the CourtPleus, J.

Defendant, Arnold J. Rose, Jr., appeals the summary denial of his rule 3.800(a) motion seeking additional jail time credit. The trial court denied the motion as successive, but failed to attach defendant’s prior motion or the prior order to establish that the same issue was previously raised and rejected.

We nevertheless affirm the trial court’s order, because the motion is facially insufficient. We do so without prejudice to the defendant to file a motion which alleges that the record shows on its face his entitlement to additional credit and states the relevant dates to support his claim.…

2Cases cited1 opinion

  1. McAllister v. StateDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Green v. StateDistrict Court of Appeal of Florida · 2004

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