Trapkin v. State, 4D02-2412.
Decision Date | 09 October 2002 |
Docket Number | No. 4D02-2412.,4D02-2412. |
Parties | Jeffrey A. TRAPKIN, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Jeffrey A. Trapkin, Moore Haven, pro se.
No appearance required for appellee.
Jeffrey Trapkin, Appellant, timely challenges the denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Though Appellant raised multiple claims in his motion, we affirm without discussion as to all but one.
Appellant requested credit for time served in Dade County after he was arrested there and served with a detainer by Broward County for his violation of community control. Appellant is not entitled to jail credit in his Broward County case for time served in the Dade County jail from the date of imposition of the Broward County detainer. See Gethers v. State, 798 So.2d 829 (Fla. 4th DCA 2001),
review granted, 817 So.2d 846 (Fla. Apr.16, 2002). But see Bryant v. State, 787 So.2d 68 (Fla. 2d DCA 2001); Penny v. State, 778 So.2d 305 (Fla. 1st DCA 2000). However, as Appellant's motion seemed to assert that he was arrested in the Dade County jail for the violation of community control, if his allegations are correct, he is entitled to the jail credit he seeks. See Saunders v. State, 661 So.2d 134 (Fla. 4th DCA 1995) ( ); Price v. State, 598 So.2d 215 (Fla. 5th DCA 1992) ( ).
We affirm without prejudice to Appellant raising this claim in a rule 3.800(a) motion which complies with Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998) ( ). Appellant failed to even reference the record. An allegation that the Broward County jail records demonstrated his entitlement to relief would have complied with Toro. If Appellant's new motion complies with Toro, the trial court must determine whether the record refutes the claim. The record includes the jail records. See Wallace v....
To continue reading
Request your trial-
Petscher v. State, 5D05-3319.
...stating where in the court file or jail records the information concerning his jail service can be found.");5 Trapkin v. State, 830 So.2d 172, 173 (Fla. 4th DCA 2002) ("We affirm without prejudice to Appellant raising this claim in a rule 3.800(a) motion which complies with Toro v. State, 7......
-
CodeVentures, LLC v. Vital Motion Inc.
...... 3 . . Fraudulent Transfer Claims and Tort Claims for failure to. state a claim. Defendants, collectively, filed a motion to. dismiss CodeVentures' Complaint [ECF ......
-
Saunders v. Dickens, s. 4D09–5302
...... Cf. Paul v. State, 980 So.2d 1282, 1283 (Fla. 4th DCA 2008). It is also improper for counsel to misstate the law ......
- Anglia Jacs & Co., Inc. v. Dubin, 4D01-1241.