Opinion
No. 5D12–2949.
2012-11-9
James D. BUIE, Jr., Appellant, v. STATE of Florida, Appellee.
3.800 Appeal from the Circuit Court for Brevard County, David Dugan, Judge. James D. Buie, Jr., Perry, pro se. No Appearance for Appellee.
3.800 Appeal from the Circuit Court for Brevard County, David Dugan, Judge.
James D. Buie, Jr., Perry, pro se. No Appearance for Appellee.
PER CURIAM.
James Buie (defendant) appeals the order entered by the trial court denying his “Motion to Accredit Jail Time,” filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm the denial of the defendant's motion because challenges to credit for time served provisions of a defendant's plea agreement are not cognizable under rule 3.800(a). Johnson v. State, 60 So.3d 1045 (Fla.2011). In addition, the instant motion could not be treated as a rule 3.850 motion because it was not made under oath. SeeFla. R.Crim. P. 3.850(c). Accordingly, we affirmwithout prejudice to the defendant filing a motion pursuant to rule 3.850.
AFFIRMED.