Florida District Courts of Appeal, 2012

Buie v. State

Florida District Courts of Appeal · Decided November 9, 2012 · Berger, Cohen, Palmer

100 So. 3d 768; 2012 Fla. App. LEXIS 19544; 2012 WL 5457203 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Lawrence v. State (Fla. Dist. Ct. App. 2013)

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Opinion of the Court

PER CURIAM.

James Buie (defendant) appeals the order entered by the trial court denying his “Motion to Accredit Jail Time,” filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm the denial of the defendant’s motion because challenges to credit for time served provisions of a defendant’s plea agreement are not cognizable under rule 3.800(a). Johnson v. State, 60 So.3d 1045 (Fla. 2011). In addition, the instant motion could not be treated as a rule 3.850 motion because it was not made under oath. See Fla. R.Crim. P. 3.850(c). Accordingly, we af*769firm without prejudice to the defendant filing a motion pursuant to rule 3.850.

AFFIRMED.

PALMER, COHEN and BERGER, JJ., concur.

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