Florida District Courts of Appeal, 2001

Sparks v. State

Florida District Courts of Appeal · Decided December 5, 2001 · Altenbernd, Davis, Northcutt

800 So. 2d 726; 2001 Fla. App. LEXIS 17066; 2001 WL 1539014 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Toney v. State (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAVIS, Judge.

Charles Sparks challenges the order of the trial court denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his mo*727tion, Sparks sought credit against his prison sentence for time spent in a live-in drug treatment center. Sparks did not allege that the drug treatment center was the functional equivalent of jail, and his motion is facially insufficient. See Hall v. State, 784 So.2d 1224 (Fla. 2d DCA 2001). We affirm the order of the trial court without prejudice to Sparks’ ability, if any, to raise this issue in a facially sufficient rule 3.800(a) motion or in a timely, facially sufficient motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Id.

Affirmed.

ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.

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