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Hollimon v. State

District Court of Appeal of Florida, Second District
Sep 20, 2000
769 So. 2d 435 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 2D00-680

Opinion filed September 20, 2000.

Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge.


Harry K. Hollimon appeals the summary denial of his motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the issue cannot be determined based upon the face of the court records but would require an evidentiary hearing to resolve, we affirm without prejudice to Hollimon filing a motion pursuant to rule 3.850. See, e.g., State v. Mancino, 714 So.2d 429 (Fla. 1998) (holding that credit time issues can be raised pursuant to rule 3.800(a) only when the court records demonstrate an entitlement to relief on their face). By this opinion we make no comment on Hollimon's entitlement to the additional credit.

Affirmed.

WHATLEY, A.C.J., and CASANUEVA and SALCINES, JJ., Concur.


Summaries of

Hollimon v. State

District Court of Appeal of Florida, Second District
Sep 20, 2000
769 So. 2d 435 (Fla. Dist. Ct. App. 2000)
Case details for

Hollimon v. State

Case Details

Full title:HARRY K. HOLLIMON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Sep 20, 2000

Citations

769 So. 2d 435 (Fla. Dist. Ct. App. 2000)