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Dennis v. State, Case No. 1D08-5931 (Fla. App. 5/13/2009) (Fla. App., 2009)

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JOSEPH DENNIS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D08-5931 District Court of Appeal of Florida, First District Opinion filed May 13, 2009.An appeal from the Circuit Court for Suwannee County, David W. Fina, Judge. Joseph Dennis, pro se, Appellant. Bill McCollum, Attorney General, Tallahassee, for Appellee. PER CURIAM. We affirm the denial of appellant’s motion to correct illegal sentence seeking out-of-state jail credit. However, we do so without prejudice to appellant’s raising this claim in a properly sworn rule 3.850 motion. See Lewis v. State, 926 So. 2d 437 (Fla. 1st DCA 2006) (court cannot treat rule 3.800(a) motion as rule 3.850 motion where motion is not properly sworn); Daily v. State, 750 So. 2d 37 (Fla...continue to full post

Full post as published by Florida Criminal Law Opinions on May 13, 2009 (boomark / email).