2D06-1584 / Wilkins v. State

State: Florida

Court: Florida Southern District Court

Docket No: 2D06-1584

Case Date: 07/14/2006

Plaintiff: 2D06-1584 / Wilkins

Defendant: State

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
THURLOW F. WILKINS,                                                                          )
)
Appellant,                                                                                   )
)
v.                                                                                           )   Case No. 2D06-1584
)
STATE OF FLORIDA,                                                                            )
)
Appellee.                                                                                    )
________________________________ )
Opinion filed July 14, 2006.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court for
Highlands County; Peter F. Estrada,
Judge.
ALTENBERND, Judge.
Thurlow F. Wilkins appeals the trial court's order that granted him only one
additional day of jail credit on his motion filed pursuant to Florida Rule of Criminal
Procedure 3.800(a).   Mr. Wilkins maintains that he is entitled to additional credit of
approximately 220 days.   We affirm.
Rule 3.800(a) expressly states that a motion may seek additional jail credit
only when "it is affirmatively alleged that the court records demonstrate on their face an

entitlement to that relief."   Mr. Wilkins' motion does not contain this allegation, and it is
obvious from his claim that the matter could not be resolved on the face of the records
in this case.   If he wishes to establish a claim for jail credit based on matters in other
court files or in the possession of various sheriffs, he must make a proper, timely
request under oath pursuant to Florida Rule of Criminal Procedure 3.850.
Affirmed.
CASANUEVA and WALLACE, JJ., Concur.
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