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702 So. 2d 567

Farrior v. State

District Court of Appeal of Florida

Decided November 19, 1997

District Court of Appeal of Florida · decided 1997-11-19

Cited by 1 later decisions — most recently March 1998

1 state decisions

Key passage — most relied on by later courts

“[w]e have consistently held that rule 3.800 is a proper vehicle for raising a credit time issue where jail credit may be determined from the trial court's records”

quoted by 1 later decision, including 709 So. 2d 144 - Vanderblomen v. State

Relies on 699 So. 2d 1369 - Inquiry Concerning a Judge Re Alley · Becton v. State · 693 So. 2d 618 - Swyck v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-11-19

View the full empirical analysis of this case →

PER CURIAM.

¶1Derrick Farrior appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We have consistently held that rule 3.800 is a proper vehicle for raising a credit time issue where jail credit may be determined from the trial court’s records. See Swyck v. State, 693 So.2d 618 (Fla. 2d DCA), rev. granted, No. 90,358, 699 So.2d 1376 (Fla. Sept. 5, 1997). Farrior argues that he deserves jail credit from the time the capias was served for his violation of probation in this case. We agree.

¶2Farrior contends he was served with a capias for this charge on July 10, 1995, and *568remained .in custody until Ms sentencing on January 25,1996. The trial court denied the motion relying on a computer printout from the jail which reflects credit for time spent in jail on this case from November 7, 1995, to the date of his sentencing. Because Farri- or’s claim is facially sufficient and the trial court did not attach to its order any documents refuting the claim, we reverse and remand for further proceedings. See Becton v. State, 668 So.2d 1107 (Fla. 2d DCA 1996); Saunders v. State, 661 So.2d 134 (Fla. 4th DCA 1995).

¶3Reversed and remanded.

SCHOONOVER, A.C.J., and THREADGILL and FULMER, JJ., concur.
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