Legal Opinion

Dennis v. State

District Court of Appeal of Florida

Decided May 13, 2009No. 1D08-5931PublishedCited by 1 opinion

1Per curiam

We affirm the denial of appellant’s motion to correct illegal sentence seeking out-of-state jail credit. However, we do so without prejudice to appellant’s raising this claim in a properly sworn rule 3.850 motion. See Lewis v. State, 926 So.2d 437 (Fla. 1st DCA 2006) (court cannot treat rule 3.800(a) motion as rule 3.850 motion where motion is not properly sworn); Daily v. State, 750 So.2d 37 (Fla. 4th DCA 1999) (affirming denial of 3.800(a) motion seeking jail credit without prejudice to defendant’s filing facially sufficient 3.800(a) motion demonstrating where in the record entitlement to…

2Cases cited3 opinions

  1. Daily v. StateDistrict Court of Appeal of Florida · 1999
  2. Lewis v. StateDistrict Court of Appeal of Florida · 2006
  3. Petscher v. StateDistrict Court of Appeal of Florida · 2006

3Cited by1 opinion

  1. Bonckowski v. StateDistrict Court of Appeal of Florida · 2012

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