Legal Opinion

Edwards v. State

District Court of Appeal of Florida

Decided October 21, 1997No. 97-1758PublishedCited by 2 opinions

1Per curiam

Appellant seeks review of an order denying his motion requesting credit for jail time, purportedly filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We have previously held that a motion filed pursuant to rule 3.800(a) is not the appropriate vehicle by which to claim credit for jail or prison time previously served when there is no allegation *445that the denial of such credit will cause the sentence to exceed the statutory maximum for the offense. Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996). We now reaffirm that holding. Because appellant’s motion was not properly sworn to, we…

2Cases cited4 opinions

  1. Davis v. StateSupreme Court of Florida · 1995
  2. State v. CallawaySupreme Court of Florida · 1995
  3. Berry v. StateDistrict Court of Appeal of Florida · 1996
  4. Sugar v. StateDistrict Court of Appeal of Florida · 1995

3Cited by2 opinions

  1. Vanderblomen v. StateDistrict Court of Appeal of Florida · 1998
  2. Denty v. StateDistrict Court of Appeal of Florida · 1999

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