Hamilton v. State, 2D99-2520.

Decision Date08 March 2000
Docket NumberNo. 2D99-2520.,2D99-2520.
Citation752 So.2d 133
PartiesRichard James HAMILTON, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

PER CURIAM.

Richard James Hamilton appeals the denial of his motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court's order because Hamilton's motion fails to meet the pleading requirements of State v. Mancino, 714 So.2d 429 (Fla.1998), and because the record attachments included by the trial court appear to refute the claim. Since Hamilton alleges that the attached jail records are factually inaccurate, this affirmance is without prejudice to Hamilton raising this claim in a motion filed pursuant to rule 3.850. See, e.g., Benitez v. State, 744 So.2d 1131 (Fla. 2d DCA 1999) (affirming denial of a facially insufficient motion for additional jail credit without prejudice to raising the issue again either in a motion pursuant to rule 3.800 which meets the pleading requirements of Mancino or in a motion pursuant to rule 3.850 if a factual dispute exists).

PARKER, A.C.J., and FULMER and CASANUEVA, JJ., Concur.

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9 cases
  • Heare v. State
    • United States
    • Florida District Court of Appeals
    • 16 Octubre 2019
    ...P. 3.850(f)(5) (providing for summary denial of a rule 3.850 motion that is conclusively refuted by the record); Hamilton v. State, 752 So. 2d 133, 134 (Fla. 2d DCA 2000) (affirming denial of a rule 3.800(a) motion in part because "the record attachments included by the trial court appear t......
  • Amos v. State, 2D01-1044.
    • United States
    • Florida District Court of Appeals
    • 5 Diciembre 2001
    ...this issue in a timely, facially sufficient motion filed pursuant to Florida Rule of Criminal Procedure 3.850. See Hamilton v. State, 752 So.2d 133 (Fla. 2d DCA 2000). We note that Amos claimed that while he was in the Pinellas County jail on other charges, a detainer was placed on him for ......
  • Toto v. State, 2D01-3986.
    • United States
    • Florida District Court of Appeals
    • 21 Noviembre 2001
    ...motion pursuant to rule 3.850 in the event that factual issues preclude raising this claim pursuant to rule 3.800(a). Hamilton v. State, 752 So.2d 133 (Fla. 2d DCA 2000). Toto also argues that he should be awarded seventy-four days' credit (for case number 99-03752) for the time he served i......
  • Taylor v. State, 2D04-1882.
    • United States
    • Florida District Court of Appeals
    • 1 Septiembre 2004
    ...his earlier rule 3.800(a) motion for jail credit. See, e.g., Graham v. State, 846 So.2d 617 (Fla. 2d DCA 2003); Hamilton v. State, 752 So.2d 133 (Fla. 2d DCA 2000). Therefore, we reverse and remand for the trial court to reconsider Taylor's claim that his bond was revoked at a June 21, 2002......
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