Summary
affirming the denial of a rule 3.800 motion because the record indicated that the defendant was not entitled to the jail credit but observing that the defendant might have "a meritorious claim of ineffective assistance of counsel"
Summary of this case from Thompson v. StateOpinion
Case No. 2D03-179.
Opinion filed August 27, 2003.
Appeal pursuant to Fla.R.App.P.
9.141(b)(2) from the Circuit Court for Polk County; Ralph Artigliere, Judge.
Ronnie Edward Edmondson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the trial court treated as a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court's order of denial because the record indicates that Edmondson is not entitled to the jail credit he requested. However, Edmondson may have a meritorious claim of ineffective assistance of counsel. See Blake v. State, 807 So.2d 772, 773 (Fla. 2d DCA 2002). Therefore, we affirm without prejudice to any right Edmondson may have to file a timely, facially sufficient motion for postconviction relief raising such a claim. See id.; Hill v. State, 821 So.2d 1173 (Fla. 2d DCA 2002).
Affirmed.
WHATLEY and CANADY, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.