Opinion
No. 98-1772
Opinion filed July 15, 1998 JULY TERM 1998
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. Nos. 95-7951CF10A, 95-7952CF10A, 95-8499CF10A, 95-9603CF10A, 95-10066CF10A and 95-15046CF10A.
Kevin Thomas, Lake City, pro se.
No appearance required for appellee.
We affirm the summary denial of Kevin Thomas' Motion for Time Served. While this appeal was pending the Florida Supreme Court decided State v. Mancino, 23 Fla. L. Weekly S301 (Fla. June 11, 1998). Mancino held that an alleged error in the trial court's award for jail credit can be raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) "when it is affirmatively alleged that the trial court records demonstrate on their face an entitlement to relief." Id. at S303. There is no such allegation in Thomas' motion.
If the court file in Thomas' case supports his claim, he should not be denied the opportunity to file a new motion including that allegation. Therefore, affirmance is without prejudice.
AFFIRMED.
STONE, STEVENSON and SHAHOOD, JJ., concur.