Spivey v. State

Full title: FLOYD SPIVEY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jul 15, 1999

737 So. 2d 604 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3515.

Opinion filed July 15, 1999.

An appeal from the Circuit Court for Escambia County, Kim A. Skievaski, Judge.

No brief filed, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We affirm the denial of Spivey's motion to correct jail time credit, without prejudice to Spivey's ability to file a properly pled rule 3.800(a) motion in the trial court. State v. Mancino, 714 So.2d 429, 433 (Fla. 1998) ("[C]redit time issues are cognizable in a rule 3.800 motion when it is affirmatively alleged that the court records demonstrate on their face an entitlement to relief."); Combs v. State, 723 So.2d 931 (Fla. 1st DCA 1999); Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998).

AFFIRMED.

MINER, BENTON and BROWNING, JJ., CONCUR.