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Barbour v. State

District Court of Appeal of Florida, Fourth District
Oct 25, 2000
770 So. 2d 714 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D00-2822

Opinion filed October 25, 2000 JULY TERM 2000

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 99-6890CF10A.

James Barbour, Century, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


James Barbour appeals the denial of his motion to allow credit for jail time, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court's order as appellant did not allege where in the record this information can be located and how the record demonstrates his entitlement to relief. See Toro v. State, 719 So.2d 947 (Fla. 4th DCA 1998). Our affirmance, however, is without prejudice to Barbour to file a sworn motion to correct his sentence on the basis of additional jail credit pursuant to rule 3.850, within the time remaining under that rule.

DELL, FARMER and TAYLOR, JJ., concur.


Summaries of

Barbour v. State

District Court of Appeal of Florida, Fourth District
Oct 25, 2000
770 So. 2d 714 (Fla. Dist. Ct. App. 2000)
Case details for

Barbour v. State

Case Details

Full title:JAMES BARBOUR, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 25, 2000

Citations

770 So. 2d 714 (Fla. Dist. Ct. App. 2000)