Skullestad v. State, 4D01-1385.
| Decision Date | 05 July 2001 |
| Docket Number | No. 4D01-1385.,4D01-1385. |
| Citation | 790 So.2d 516 |
| Parties | Ralph E. SKULLESTAD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Ralph E. Skullestad, Arcadia, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.
This is an appeal by Ralph Skullestad from a final order summarily denying his motion to correct illegal sentence filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We affirm.
Appellant alleges that he had not received all of the credit due in a 1990 case and a 1992 case for time served in prison, jail and on probation. Contrary to the pleading requirements of State v. Mancino, 714 So.2d 429, 433 (Fla.1998), and Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998), appellant's motion did not identify where in the record information showing entitlement to the credit sought could be located.
Denial of appellant's motion should have been without prejudice to appellant's right to refile a new motion correcting this deficiency in the pleading. It was not. Accordingly, we affirm the trial court's denial of the rule 3.800(a) motion but without prejudice to refile a rule 3.800(a) motion which affirmatively states where in the court file or jail or probation records the information on appellant's claim of entitlement to credit for additional days in the 1990 and 1992 cases can be found. Appellant may attach such supporting information to his motion. See Nelson v. State, 760 So.2d 240, 241 (Fla. 4th DCA 2000)
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Milne v. State, 4D01-3756.
...in the record the necessary information can be located and how the record demonstrates his entitlement to relief. See Skullestad v. State, 790 So.2d 516 (Fla. 4th DCA 2001); Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998). Secondly, the claim is procedurally improper. If appellant is ......
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Williams v. State, 4D05-847.
...information showing his entitlement to relief could be found. See Milne v. State, 807 So.2d 725 (Fla. 4th DCA 2002); Skullestad v. State, 790 So.2d 516 (Fla. 4th DCA 2001). In addition, the state and appellant disagree about when he was released from supervision, and resolution of this clai......
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Price v. State, 4D01-3029.
...the information can be located and explains how the record demonstrates entitlement to the relief requested. See Skullestad v. State, 790 So.2d 516 (Fla. 4th DCA 2001); Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998). Appellant is out of time for filing a rule 3.850 motion. See Fla. R......
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Phillips v. State, 4D01-3775.
...may attach such supporting information to her motion. See Acquaotta v. State, 791 So.2d 1251 (Fla. 4th DCA 2001); Skullestad v. State, 790 So.2d 516 (Fla. 4th DCA 2001); Nelson v. State, 760 So.2d 240 (Fla. 4th DCA POLEN, C.J., SHAHOOD and GROSS, JJ., concur. ...