Legal Opinion

Orta v. State

District Court of Appeal of Florida

Decided August 13, 2010No. 5D10-2063PublishedCited by 1 opinion

1Opinion of the CourtJacobus, J.

We affirm the trial court’s denial of Appellant’s motion seeking additional jail credit because the motion was facially insufficient. Our affirmance, however, is without prejudice to Appellant’s right to re-file his motion in a manner that specifies the dates for which Appellant claims an entitlement to additional jail credit. See Santiago v. State, 22 So.3d 789, 789-90 (Fla. 5th DCA 2009) (“[T]he motion must affirmatively allege that the trial court records demonstrate on their face an entitlement to relief. A mere conclusory allegation that the answer lies in the record is insufficient to…

2Cases cited2 opinions

  1. Santiago v. StateDistrict Court of Appeal of Florida · 2009
  2. Williams v. StateDistrict Court of Appeal of Florida · 2009

3Cited by1 opinion

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

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