Amador v. State
Amador v. State
Opinion of the Court
Appellant appeals the denial of his Rule 3.800(a) motion to correct illegal sentence in which he sought additional jail credit on his Broward County sentences for violation of probation (“VOP”) in case no. 10-8639CF10A for time spent in the Charlotte County jail on unrelated charges arising in Charlotte County. Appellant resolved his Broward VOP case by plea agreement that included sixteen days of jail credit. Appellant argued in his Rule 3.800(a) motion that he should have received credit from the time the Broward VOP arrest warrant
However, since the time for appellant to file a timely motion for postconviction relief under Rule 3.850 to resolve any factual disputes underlying his request for jail credit does not expire until May 1, 2014, our affirmance is without prejudice to appellant filing a timely motion for postcon-vietion relief under Rule 3.850 seeking the additional jail credit described in his Rule 3.800(a) motion. Any timely Rule 3.850 motion appellant files on this subject shall not be considered successive as that term is defined in Rule 3.850(f). Seplow v. State, 82 So.3d 948, 948 (Fla. 4th DCA 2011).
Affirmed without prejudice.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.