Legal Opinion

Garza v. State

District Court of Appeal of Florida

Decided January 26, 2007No. 2D06-3016Published

1Opinion of the Court

SALCINES, Judge.

Juan Garza appeals the summary denial of his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the postconviction court’s order because Garza’s motion is facially insufficient. See Gilbert v. State, 805 So.2d 70, 71 (Fla. 2d DCA 2002) (holding that a rule 3.800(a) motion that does not allege that the court records show the defendant’s entitlement to additional jail credit is facially insufficient). Our affir-mance is without prejudice to Garza’s right to file a facially sufficient, nonsuccessive rule 3.800(a) motion or a timely and…

2Cases cited6 opinions

  1. Gethers v. StateSupreme Court of Florida · 2003
  2. Blake v. StateDistrict Court of Appeal of Florida · 2002
  3. Clifton v. StateDistrict Court of Appeal of Florida · 2005
  4. Gilbert v. StateDistrict Court of Appeal of Florida · 2002
  5. Daniels v. StateDistrict Court of Appeal of Florida · 2002

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