Public-domain · open source
OpenJurist

712 So. 2d 848

Docket No. 98-1772.

Thomas v. State

Kevin THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1998-07-15

Cited by 3 later decisions — most recently January 2003

3 state decisions

Relies on 714 So. 2d 429 - State v. Mancino

Good law ✅— No negative treatment on recordhow we know

Decided 1998-07-15

View the full empirical analysis of this case →

¶1Kevin Thomas, Lake City, pro se.

¶2No appearance required for appellee.

¶3PER CURIAM.

¶4We affirm the summary denial of Kevin Thomas' Motion for Time Served. While this appeal was pending the Florida Supreme Court decided State v. Mancino,714 So.2d 429 (Fla.1998). Mancino held that an alleged error in the trial court's award for jail credit can be raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) "when it is affirmatively alleged that the trial court records demonstrate on their face an entitlement to relief." Id. at 433. There is no such allegation in Thomas' motion.

¶5If the court file in Thomas' case supports his claim, he should not be denied the opportunity to file a new motion including that *849 allegation. Therefore, affirmance is without prejudice.

¶6AFFIRMED.

¶7STONE, STEVENSON and SHAHOOD, JJ., concur.

/712/so2d/848 · .json · Public domain