Legal Opinion

West v. State

District Court of Appeal of Florida

Decided November 20, 2009No. 1D09-2748PublishedCited by 4 opinions

1Per curiam

Appellant appeals the denial of his rule 3.800(a) motion seeking credit for seven days of jail time served in Georgia. We affirm because the relief that Appellant is seeking is not available under rule 3.800(a), but rather must be raised on direct appeal or in a timely rule 3.850 motion. See Gomez v. State, 984 So.2d 577, 578 (Fla. 4th DCA 2008) (“[A] claim seeking additional jail credit for time served in jail in another state is not cognizable in a 3.800(a) motion.”); Garnett v. State, 957 So.2d 32, 33 (Fla. 2d DCA 2007) (en banc) (“If a defendant is seeking out-of-state jail credit in a…

2Cases cited7 opinions

  1. State v. MancinoSupreme Court of Florida · 1998
  2. Carter v. StateSupreme Court of Florida · 2001
  3. Kronz v. StateSupreme Court of Florida · 1985
  4. Garnett v. StateDistrict Court of Appeal of Florida · 2007
  5. Gomez v. StateDistrict Court of Appeal of Florida · 2008

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bonilla v. StateDistrict Court of Appeal of Florida · 2013
  2. Lake v. StateDistrict Court of Appeal of Florida · 2011
  3. Johnson v. StateDistrict Court of Appeal of Florida · 2018
  4. Kerontae D. Johnson v. State of FloridaDistrict Court of Appeal of Florida · 2018

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