Sanders v. State, No. 90-1504

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation16 Fla. L. Weekly 1261,579 So.2d 326
Decision Date09 May 1991
Docket NumberNo. 90-1504
PartiesJames A. SANDERS, Appellant, v. STATE of Florida, Appellee. 579 So.2d 326, 16 Fla. L. Week. 1261

Page 326

579 So.2d 326
James A. SANDERS, Appellant,
v.
STATE of Florida, Appellee.
No. 90-1504.
579 So.2d 326, 16 Fla. L. Week. 1261
District Court of Appeal of Florida,
Fifth District.
May 9, 1991.

James A. Sanders, Starke, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm the trial court's denial of defendant's petition to allow credit for jail time without prejudice to the defendant to file a motion pursuant to rule 3.800(a) or rule 3.850 of the Florida Rules of Criminal Procedure. Terry v. State, 567 So.2d 1050 (Fla. 5th DCA 1990). We affirm the denial of defendant's petition on the ground that the petition does not specifically state when defendant was tried or, if applicable, when he entered a plea and was convicted and sentenced on the Orange County charges. The only specific information furnished by defendant is the date of his arrest. Because of this failure this court is unable to establish how many days of jail credit defendant is claiming that he has been denied. In Terry, the defendant did specify all of these matters in his motion and we ordered that defendant be afforded an evidentiary hearing.

We note that a claim by a defendant that he did not receive all of his jail time credit attacks the sentence as being illegal and this matter can be raised at any time and is not barred by the sixty-day time stricture of rule 3.800(b). Martin v. State, 525 So.2d 901, 902 (Fla. 5th DCA 1987).

Accordingly, we affirm the denial of defendant's petition without prejudice to raise the issue of the number of days of jail time credit to which he is entitled under a proper

Page 327

motion filed under either rule 3.800(a) or rule 3.850.

AFFIRMED.

HARRIS, GRIFFIN and DIAMANTIS, JJ., concur.

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7 practice notes
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...See Jones, 635 So.2d at 42; Rouse, 643 So.2d at 1160; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991)(noting that "a claim by a defendant that he did not receive all of his jail time credit attacks the sentence ......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...See Jones, 635 So.2d at 42; Rouse, 643 So.2d at 1160; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991) (noting that "a claim by a defendant that he did not receive all of his jail time credit attacks the sentence......
  • Thomas v. State, No. 93-345
    • United States
    • Court of Appeal of Florida (US)
    • February 23, 1994
    ...at 333 n. 1; Littlejohn, 616 So.2d at 130; Thomas, 611 So.2d 211; Mathews v. State, 596 So.2d 79 (Fla. 2d DCA 1991); Sanders v. State, 579 So.2d 326 (Fla. 5th DCA 1991); Terry, 567 So.2d Appellant in this case alleged the specific dates and periods of time involved in his claims for jail-ti......
  • Thomas v. State, No. 92-03418
    • United States
    • Court of Appeal of Florida (US)
    • January 6, 1993
    ...procedure should be employed to file a motion for jail credit. See Martin v. State, 525 So.2d 901 (Fla. 5th DCA 1988); Sanders v. State, 579 So.2d 326 (Fla. 5th DCA 1991); Morgan v. State, 557 So.2d 605 (Fla. 1st DCA 1990). The Fifth District has expressly recognized that either motion may ......
  • Request a trial to view additional results
7 cases
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...See Jones, 635 So.2d at 42; Rouse, 643 So.2d at 1160; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991)(noting that "a claim by a defendant that he did not receive all of his jail time credit attacks the sentence ......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...See Jones, 635 So.2d at 42; Rouse, 643 So.2d at 1160; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991) (noting that "a claim by a defendant that he did not receive all of his jail time credit attacks the sentence......
  • Thomas v. State, No. 93-345
    • United States
    • Court of Appeal of Florida (US)
    • February 23, 1994
    ...at 333 n. 1; Littlejohn, 616 So.2d at 130; Thomas, 611 So.2d 211; Mathews v. State, 596 So.2d 79 (Fla. 2d DCA 1991); Sanders v. State, 579 So.2d 326 (Fla. 5th DCA 1991); Terry, 567 So.2d Appellant in this case alleged the specific dates and periods of time involved in his claims for jail-ti......
  • Thomas v. State, No. 92-03418
    • United States
    • Court of Appeal of Florida (US)
    • January 6, 1993
    ...procedure should be employed to file a motion for jail credit. See Martin v. State, 525 So.2d 901 (Fla. 5th DCA 1988); Sanders v. State, 579 So.2d 326 (Fla. 5th DCA 1991); Morgan v. State, 557 So.2d 605 (Fla. 1st DCA 1990). The Fifth District has expressly recognized that either motion may ......
  • Request a trial to view additional results

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