Toro v. State, 98-2378
| Decision Date | 01 October 1998 |
| Docket Number | No. 98-2378,98-2378 |
| Citation | 719 So.2d 947 |
| Parties | 23 Fla. L. Weekly D2227 William J. TORO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
William J. Toro, DeFuniak Springs, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the summary denial of William Toro's Motion to Correct Sentence, in which he sought additional jail credit. Such motions must be filed within 30 days of sentencing. Fla. R.Crim. P. 3.800(b)(1998). Toro missed that deadline by a matter of years.
Affirmance is without prejudice to Toro to file a rule 3.800(a) motion in the trial court. After Toro filed his rule 3.800(b) motion, the Florida Supreme Court decided State v. Mancino, 714 So.2d 429 (Fla.1998). Mancino held that an error in the trial court's award for jail credit can be raised at any time in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) "when it is affirmatively alleged that the trial court records demonstrate on their face an entitlement to relief." Id. at S303. The First District has explained that a mere conclusory allegation that the answer lies in the record will not meet the new pleading requirements. Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998). We also adopt the requirement that at a minimum, the motion will have to allege where in the record the information can be located and explain how the record demonstrates entitlement to the relief requested.
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Petscher v. State, 5D05-3319.
...explain how the record demonstrates entitlement to relief. Alfonso v. State, 901 So.2d 939, 939 (Fla. 4th DCA 2005); Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998). That was not done here, as Petscher merely alleges, without any reference to the record, that he is entitled to additio......
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Wallace v. State, 4D01-1110.
...Moreover, nowhere in his motion did Appellant allege how and where the record demonstrates entitlement to relief. See Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998) (adopting strict pleading requirement imposed by Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998)). Instead, he attem......
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Adlington v. State, 4D06-752.
...since appellant has not alleged or shown that the trial court record demonstrates on its face his entitlement to relief. Toro v. State, 719 So.2d 947 (Fla. 4th DCA 1998). Applying the Supreme Court of Florida's "would-have-been-imposed" harmless error test pronounced in State v. Anderson, 9......
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Milne v. State, 4D01-3756.
...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 entitled to credit against the original sentence for time s......