(Download) "Holt v. Obrien Imports of Fort Myers" by In the District Court of Appeal of Florida Second District ~ eBook PDF Kindle ePub Free
eBook details
- Title: Holt v. Obrien Imports of Fort Myers
- Author : In the District Court of Appeal of Florida Second District
- Release Date : January 14, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Appellant challenges the trial courts denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), claiming entitlement to additional jail credit. We affirm because the motion (a form pleading commonly used by prisoners) was facially insufficient pursuant to rule 3.800(a); the motion failed to allege how and where the record demonstrated appellants entitlement to two additional days of jail credit. See Whitfield v. State, 864 So. 2d 562 (Fla. 1st DCA 2004) (affirming a trial courts order denying a rule 3.800(a) motion claiming additional jail credit, even though the dates supplied by the State in its response to the motion were insufficient as a matter of law to support the denial of relief, because the motion failed to specifically allege where and how the trial courts records in the case would demonstrate an entitlement to relief); see also Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998) (holding that, in accordance with the supreme courts decision in State v. Mancino, 714 So. 2d 429 (Fla. 1998), a rule 3.800(a) motion "must affirmatively allege that the court records demonstrate on their face an entitlement to relief," and indicating that "[t]he allegations required by Mancino at a minimum would have to address how and where the record demonstrates an entitlement to relief").
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