Anderson v. State

Full title: Eric G. ANDERSON, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Aug 22, 2012

96 So. 3d 1041 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D12–1823.

2012-08-22

Eric G. ANDERSON, Appellant, v. The STATE of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Jose L. Fernandez, Judge. Eric G. Anderson, Naples, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Jose L. Fernandez, Judge.
Eric G. Anderson, Naples, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before WELLS, C.J., and SHEPHERD and SALTER, JJ.

PER CURIAM.

We affirm the trial court's order summarily denying, as facially insufficient, the defendant's Florida Rule of Criminal Procedure 3.800 motion to allow credit for jail time served. See Whitfield v. State, 864 So.2d 562, 562 (Fla. 1st DCA 2004) (“[A] facially sufficient rule 3.800 motion to correct an illegal sentence must allege where and how the court records demonstrate entitlement to relief.” (citing Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998))). However, we affirm without prejudice to the defendant's filing of a legally sufficient motion.

Affirmed.