Rios v. State

VILLANTI, Judge.

Gabrial Rios appeals the trial court’s order denying his motion for additional jail time credit in circuit court case number 2009-CF-615, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the order and remand for the post-conviction court to consider Rios’ motion as a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.

The trial court sentenced Rios concurrently in two circuit court cases. In his motion, Rios argued that he is entitled to more jail time credit in one of those cases. On June 13, 2009, a warrant was…