Warren v. State

• Decision Date: 30 April 2008
• Docket Number: No. 4D08-535.,4D08-535.
• Parties: Blake E. WARREN, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

980 So.2d 1204

Blake E. WARREN, Appellant, v. STATE of Florida, Appellee.

No. 4D08-535.

District Court of Appeal of Florida, Fourth District.

April 30, 2008.

Appeal of orders denying rule 3.800(a) motions from the Circuit Court for the

Seventeenth Judicial Circuit, Broward County; Michael G. Kaplan, Judge; L.T. Case No. 95-17947 CF10B.

Blake E. Warren, Arcadia, pro se.

No appearance required for appellee.

Prior report: 724 So.2d 607.

PER CURIAM.

Affirmed, without prejudice to appellant filing a Rule 3.800(a) motion which alleges where in the record (the court file, jail records or other location) the information regarding jail time can be located and explains how the record demonstrates entitlement to that relief. See Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998). Alternatively, if appropriate, Appellant may file a sworn and timely Rule 3.850 motion, challenging his sentence for failure to award jail time credit. See Alfonso v. State, 901 So.2d 939 (Fla. 4th DCA 2005). Appellant's attachment of the computer court docket to his motion for rehearing did not satisfy Toro.

In considering a renewed motion, the trial court should also consider appellant's jail records. See Wallace v. State, 789 So.2d 480 (Fla. 4th DCA 2001).

STEVENSON, TAYLOR and DAMOORGIAN, JJ., concur.