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Edmondson v. State

District Court of Appeal of Florida, Second District
Aug 27, 2003
854 So. 2d 751 (Fla. Dist. Ct. App. 2003)

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. State

Opinion

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.


Summaries of

Edmondson v. State

District Court of Appeal of Florida, Second District
Aug 27, 2003
854 So. 2d 751 (Fla. Dist. Ct. App. 2003)

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. State
Case details for

Edmondson v. State

Case Details

Full title:RONNIE EDWARD EDMONDSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Aug 27, 2003

Citations

854 So. 2d 751 (Fla. Dist. Ct. App. 2003)

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