Legal Opinion

Santiago v. State

District Court of Appeal of Florida

Decided November 20, 2009No. 5D09-2912PublishedCited by 6 opinions

1Per curiam

Johnny Santiago appeals the summary denial of his motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm because the motion is legally insufficient.

Santiago’s motion alleged that he is entitled to ten days of additional jail credit on an Orange County felony case. An error in a trial court’s award of jail credit can be raised at any time in a motion filed pursuant to rule 3.800(a). However, the motion must affirmatively allege that the trial court records demonstrate on their face an entitlement to re lief. A mere conclusory allegation that…

2Cases cited5 opinions

  1. Baker v. StateDistrict Court of Appeal of Florida · 1998
  2. Toro v. StateDistrict Court of Appeal of Florida · 1998
  3. Maynard v. StateDistrict Court of Appeal of Florida · 2000
  4. Alfonso v. StateDistrict Court of Appeal of Florida · 2005
  5. Brown v. StateDistrict Court of Appeal of Florida · 2005

3Cited by6 opinions

  1. Ellis v. StateDistrict Court of Appeal of Florida · 2014
  2. Orta v. StateDistrict Court of Appeal of Florida · 2010
  3. Ernest T. Keene v. StateDistrict Court of Appeal of Florida · 2017
  4. Griffith v. StateDistrict Court of Appeal of Florida · 2017
  5. Nash v. StateDistrict Court of Appeal of Florida · 2013

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