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Sparks v. State

District Court of Appeal of Florida, Second District
Dec 5, 2001
800 So. 2d 726 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 2D01-3830

December 5, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge.


Charles Sparks challenges the order of the trial court denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Sparks sought credit against his prison sentence for time spent in a live-in drug treatment center. Sparks did not allege that the drug treatment center was the functional equivalent of jail, and his motion is facially insufficient. See Hall v. State, 784 So.2d 1224 (Fla. 2d DCA 2001). We affirm the order of the trial court without prejudice to Sparks' ability, if any, to raise this issue in a facially sufficient rule 3.800(a) motion or in a timely, facially sufficient motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Id.

Affirmed.

ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.


Summaries of

Sparks v. State

District Court of Appeal of Florida, Second District
Dec 5, 2001
800 So. 2d 726 (Fla. Dist. Ct. App. 2001)
Case details for

Sparks v. State

Case Details

Full title:CHARLES S. SPARKS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 5, 2001

Citations

800 So. 2d 726 (Fla. Dist. Ct. App. 2001)

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