Legal Opinion

Newlon v. State

District Court of Appeal of Florida

Decided May 15, 1998No. 98-985Published

1Opinion of the Court

W. SHARP, Judge.

We affirm the trial court’s summary denial of Newlon’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), which *209seeks additional jail time credit against his sentence. Newlon failed to allege that the incomplete award of credit resulted in his serving a sentence that exceeds the statutory maximum. Thus, this issue cannot be considered pursuant to rule 3.800(a). The proper vehicle to raise the issue of jail time credit when the sentence does not exceed the statutory maximum is by filing a motion pursuant to Florida Rule of Criminal Procedure 3.850. See Ramos…

2Cases cited3 opinions

  1. Chaney v. StateDistrict Court of Appeal of Florida · 1996
  2. Brown v. StateDistrict Court of Appeal of Florida · 1997
  3. Ramos v. StateDistrict Court of Appeal of Florida · 1997

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API