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Garcia v. State

District Court of Appeal of Florida, Fourth District
Jan 14, 2004
864 So. 2d 557 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D03-2119.

Opinion filed January 14, 2004.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Lucy Chernow Brown, Judge; L.T. Case No. 02-1297 CFA02.

Geronimo Garcia, Century, pro se.

No appearance required for appellee.


We affirm the trial court's denial of appellant's 3.800(a) motion. See Hernandez-Molina v. State, 28 Fla. L. Weekly D2656 (Fla. 4th DCA Nov. 19, 2003). We certify conflict with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), rev. dismissed, 821 So.2d 302 (Fla. 2002). To the extent the motion claimed credit for additional time served, this affirmance is without prejudice to appellant's right to file a legally sufficient motion seeking credit in the trial court or to pursue his administrative remedies with the Department of Corrections, whichever is appropriate. See e.g., Perkins v. State, 839 So.2d 797 (Fla. 4th DCA 2003).

FARMER, C.J., SHAHOOD and MAY, JJ., concur.


Summaries of

Garcia v. State

District Court of Appeal of Florida, Fourth District
Jan 14, 2004
864 So. 2d 557 (Fla. Dist. Ct. App. 2004)
Case details for

Garcia v. State

Case Details

Full title:GERONIMO GARCIA, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 14, 2004

Citations

864 So. 2d 557 (Fla. Dist. Ct. App. 2004)