Toomajan v. State, No. 5D01-31.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | THOMPSON, C.J. |
| Citation | 785 So.2d 1275 |
| Docket Number | No. 5D01-31. |
| Decision Date | 08 June 2001 |
| Parties | Robert TOOMAJAN, Jr., Appellant, v. STATE of Florida, Appellee. |
785 So.2d 1275
Robert TOOMAJAN, Jr., Appellant,v.
STATE of Florida, Appellee
No. 5D01-31.
District Court of Appeal of Florida, Fifth District.
June 8, 2001.
Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.
THOMPSON, C.J.
Appellant, Robert Toomajan, Jr., appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court's order, but without prejudice to appellant filing a facially sufficient motion for jail credit.
Appellant was originally placed on community control for two years, but violated his community control after serving a little more than 19 months, and was sentenced to two and a half years in prison. Appellant first argues that he is entitled to credit on his prison sentence for the time he served on community control. However, the trial court correctly held that credit cannot be awarded for time served on community control. See Young v. State, 697 So.2d 75 (Fla.1997) (section 948.06(2), Florida Statutes, prohibits court from crediting time served on probation or community control toward a sentence of incarceration); Phillips v. State, 651 So.2d 203 (Fla. 5th DCA 1995) (under section 948.06(2), Florida Statutes, when probation or community control is revoked, no part of the time served may be considered as any part of a sentence of incarceration imposed upon revocation).
Appellant also claims that the trial court miscalculated his jail credit. Although this is an issue which can be raised in a Rule 3.800(a) motion, the movant must affirmatively allege that the court records demonstrate on their face an entitlement to relief. See State v. Mancino, 714 So.2d 429 (Fla.1998). Appellant failed to make the necessary allegation, so his motion was properly denied as facially insufficient. See, e.g., Columbro v. State, 777 So.2d 1208 (Fla. 5th DCA 2001) (motion which failed to allege court records demonstrated on face defendant's entitlement to relief was properly denied); Colosimo v. State, 775 So.2d 352 (Fla. 2d DCA 2000) (motion which failed to allege court records demonstrated on face entitlement to relief was facially insufficient).
Although the trial court ignored the defect in appellant's motion and denied it on the merits, the court failed to attach any records to support its determination that appellant was not entitled to...
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State v. Cregan, No. SC04-1461.
...3d DCA 2003) (holding that "Florida law dictates that credit cannot be given for time served on community control"); Toomajan v. State, 785 So.2d 1275, 1276 (Fla. 5th DCA 2001) (holding that "credit cannot be awarded for time served on community Despite this clear statutory directive, Crega......
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Gethers v. State, No. 4D00-2942.
...filing of a detainer does not have the same result as the service of an arrest warrant." Price, 598 So.2d at 217; see Toomajan v. State, 785 So.2d 1275 (Fla. 5th DCA 2001); Wiggins v. State, 654 So.2d 1017 (Fla. 1st DCA 1995). "The filing of a detainer is an informal process advising prison......
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Barker v. Barker, No. 5D01-358.
...court adjudication as to his parental status. (2) Assuming a "best interests" evaluation hearing is held to determine the advisability 785 So.2d 1275 of having HLA testing to show whether or not Wade Barker is the biological father of K.B., the latter must be represented at said hearing by ......
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McAllister v. State, No. 5D02-3747.
...that the record on its face demonstrates an entitlement to relief. See State v. Mancino, 714 So.2d 429 (Fla.1998); Toomajan v. State, 785 So.2d 1275 (Fla. 5th DCA Accordingly, the trial court's denial of the defendant's rule 3.800(a) motion is affirmed, but without prejudice to the defendan......
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State v. Cregan, No. SC04-1461.
...3d DCA 2003) (holding that "Florida law dictates that credit cannot be given for time served on community control"); Toomajan v. State, 785 So.2d 1275, 1276 (Fla. 5th DCA 2001) (holding that "credit cannot be awarded for time served on community Despite this clear statutory directive, Crega......
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Gethers v. State, No. 4D00-2942.
...filing of a detainer does not have the same result as the service of an arrest warrant." Price, 598 So.2d at 217; see Toomajan v. State, 785 So.2d 1275 (Fla. 5th DCA 2001); Wiggins v. State, 654 So.2d 1017 (Fla. 1st DCA 1995). "The filing of a detainer is an informal process advising prison......
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Barker v. Barker, No. 5D01-358.
...court adjudication as to his parental status. (2) Assuming a "best interests" evaluation hearing is held to determine the advisability 785 So.2d 1275 of having HLA testing to show whether or not Wade Barker is the biological father of K.B., the latter must be represented at said hearing by ......
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McAllister v. State, No. 5D02-3747.
...that the record on its face demonstrates an entitlement to relief. See State v. Mancino, 714 So.2d 429 (Fla.1998); Toomajan v. State, 785 So.2d 1275 (Fla. 5th DCA Accordingly, the trial court's denial of the defendant's rule 3.800(a) motion is affirmed, but without prejudice to the defendan......