Palmer v. State
District Court of Appeal of Florida
1Per curiam
We affirm the trial court’s denial of appellant’s Rule 3.800(a) motion which sought additional presentence jail credit. Appellant failed to timely file an amended Rule 3.850 motion seeking discretionary out-of-state jail credit following this court’s remand in Palmer v. State, 993 So.2d 1107 (Fla. 4th DCA 2008). Appellant cannot seek discretionary jail credit in a Rule 3.800(a) motion. See Gomez v. State, 984 So.2d 577 (Fla. 4th DCA 2008).
Appellant’s claim seeking credit for time spent on community control is without merit. See § 948.06(3), Fla. Stat. (2003); State v. Cregan, 908 So.2d 387…
2Cases cited6 opinions
- Toro v. StateDistrict Court of Appeal of Florida · 1998
- Gethers v. StateDistrict Court of Appeal of Florida · 2001
- State v. CreganSupreme Court of Florida · 2005
- Nelson v. StateDistrict Court of Appeal of Florida · 2000
- Gomez v. StateDistrict Court of Appeal of Florida · 2008
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