Summary
In Quartucci, we permitted appellant an additional thirty days from our mandate to file a 3.850 motion in the event his two year time limit to file a 3.850 motion expired before our mandate issued.
Summary of this case from Lee v. StateOpinion
No. 99-1727.
Opinion filed June 30, 1999.
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. 95-9449 CF10A and 96-13496 CF10A.
John Quartucci, Immokalee, pro se.
No appearance required for appellee.
We affirm the order denying appellant's motion to correct illegal sentence, seeking additional jail time credit, without prejudice to his filing (1) a rule 3.800 motion that affirmatively states where in the record the information concerning his jail service can be found and how the record demonstrates his entitlement to the additional days of jail time credit sought, or (2) a properly sworn rule 3.850 motion challenging the sentence based on the failure to award all jail time credit to which appellant is entitled. See Daily v. State, 1999 WL 212859 (Fla. 4th DCA Apr. 7, 1999) ; Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998); State v. Mancino, 714 So.2d 429, 433 (Fla. 1998). Any rule 3.850 motion must be filed within the two-year time period provided by Florida Rule of Criminal Procedure 3.850(b) or within thirty days of the issuance of this court's mandate in the instant case, whichever is later.
GUNTHER, WARNER and KLEIN, JJ., concur.