Legal Opinion

Ross v. State

District Court of Appeal of Florida

Decided April 20, 2010No. 1D09-6014Published

1Opinion of the CourtKahn, J.

Appellant Donny Ross appeals the trial court’s denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.800(a). The appellant alleges that he is entitled to additional credit for 82 days served in county jail prior to sentencing. Appellant does not, however, affirmatively allege “that the court records demonstrate on their face an entitlement to ... relief....” Fla. R.App. P. 3.800(a). Although jail-time credit is available under a Rule 3.800(a) proceeding, the prisoner “must demonstrate that the record shows an entitlement to additional jail credit....”…

2Cases cited1 opinion

  1. Williams v. StateDistrict Court of Appeal of Florida · 2009

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