Opinion
No. 4D06-892.
June 21, 2006.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case Nos. 96-6283 CFA02, 96-6285 CFA02, 96-6291 CFA02, 96-6297 CFA02, 96-6300 CFA02, 96-6306 CFA02, 96-6309 CFA02, 96-6314 CFA02, 96-6317 CFA02, 96-6322 CFA02, 96-6325 CFA02, 96-6330 CFA02, 96-7596 CFA02, 96-7597 CFA02, 96-7598 CF02, 96-7599 CFA02, 96-8631 CFA02 and 97-4223 CFA02.
Ianleal Schuettler, Immokalee, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the order denying appellant's motion to correct illegal sentence. Our affirmance is without prejudice to appellant filing a Rule 3.800(a) motion that alleges where in the record the information regarding jail time can be located and explains how the record demonstrates entitlement to the credit for jail time, see Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998). See also Phillips v. State, 839 So.2d 893 (Fla. 4th DCA 2003); Trapkin v. State, 857 So.2d 989 (Fla. 4th DCA 2003); Swanson v. State, 825 So.2d 507 (Fla. 1st DCA 2002). If appellant's true complaint is that the Department of Corrections has failed to grant him credit for time served, then he must seek relief from the Department as outlined in Milne v. State, 807 So.2d 725, 726 (Fla. 4th DCA 2002).
STEVENSON, C.J., GUNTHER and SHAHOOD, JJ., concur.