Smith v. State

Full title: Bennie Frank SMITH, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Sep 1, 2004

884 So. 2d 316 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D04-2465.

September 1, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Randall G. McDonald, Judge.

NORTHCUTT, Judge.

We affirm the summary denial of Bennie Frank Smith's motion for jail credit without prejudice to his refiling a motion for postconviction relief showing entitlement to additional jail time credit pursuant to Gethers v. State, 838 So.2d 504 (Fla. 2003) ("Only if the prisoner is subject to release but is being held because a detainer has been lodged can it be said that the prisoner is in custody pursuant to the detainer."). Such motion must "affirmatively allege that the court records demonstrate on their face an entitlement to that relief." See Fla. R.Crim. P. 3.800(a).

Affirmed.

ALTENBERND, C.J., and COVINGTON, J., Concur.