Buxton v. State

ON REHEARING

The State has filed a motion for rehearing contending in part that neither of the issues raised by appellant in his motion for post-conviction relief and addressed in our opinion is properly cognizable via a Rule 3.850 motion. Appellee argues that the issues of credit for jail time served prior to sentencing and retention of jurisdiction without specified reasons involve procedural errors which could have been raised at trial and, if preserved, on direct appeal.

With regard to the retention of jurisdiction issue, appellee requests that we certify that the instant decision is in…