Toomajan v. State, 5D01-31.
Citation | 785 So.2d 1275 |
Decision Date | 08 June 2001 |
Docket Number | No. 5D01-31.,5D01-31. |
Parties | Robert TOOMAJAN, Jr., Appellant, v. STATE of Florida, Appellee. |
Court | Court of Appeal of Florida (US) |
Robert Toomajan, Jr., Jasper, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.
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)
( ); Phillips v. State, 651 So.2d 203 (Fla. 5th DCA 1995) ( ).
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) ( ); Colosimo v. State, 775 So.2d 352 (Fla. 2d DCA 2000) ( ).
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 additional credit. See, e.g., Sheehan v. State, 759 So.2d 747 (Fla. 5th DCA 2000)
(. ) If appellant files a facially sufficient motion, the trial court must attach the necessary portions of the record refuting his entitlement to relief. However, we agree with the court's conclusion that issuance of a hold or detainer is not sufficient to entitle a defendant to credit for time served in another jurisdiction. See Price v. State, 598 So.2d 215 (Fla. 5th DCA 1992).
rev. denied, 697 So.2d 512 (Fla.1997) ( ).
In addition, even if appellant comes within the applicable window period, he failed to allege any facts showing that he was adversely affected by the application of the 1995 guidelines, as required under Heggs. See Vaughan v. State, 769 So.2d 530 (Fla. 5th DCA 2000)
(. ) The fact that the trial court could have imposed a shorter term of community control is irrelevant under Heggs, because only the incarcerative portion of sentences must be within the guidelines. See, e.g., Johnson v. State, 765 So.2d 310 (Fla. 5th DCA 2000) (...
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...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, Cregan i......
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Gethers v. State, 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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Stier v. State, 5D02-156.
...PER CURIAM. See State v. Craft, 685 So.2d 1292 (Fla. 1996); Robertson v. State, 807 So.2d 708 (Fla. 4th DCA 2002); Toomajan v. State, 785 So.2d 1275 (Fla. 5th DCA 2001). THOMPSON, C.J., and SHARP, W., and SAWAYA, JJ., concur. ...