Legal Opinion

AFFENITO v. State

District Court of Appeal of Florida

Decided January 20, 2010No. 2D08-6140Published

1Opinion of the Court

CRENSHAW, Judge.

Christopher Affenito appeals the denial of his motions for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Affenito, in part, sought 77 days of jail credit in case 01-6403 for time he spent in jail from July 26, 2002, to October 11, 2002. We find the resolution of this jail credit claim requires factual determinations that are not apparent in the record and cannot be raised in a rule 3.800(a) motion. See Ericson v. State, 932 So.2d 311 (Fla. 2d DCA 2006). Therefore, we affirm the trial court’s orders without prejudice to any right Affenito may have…

2Cases cited2 opinions

  1. Clifton v. StateDistrict Court of Appeal of Florida · 2005
  2. Ericson v. StateDistrict Court of Appeal of Florida · 2006

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