RODRIGUEZ v. STATE (1999)

District Court of Appeal of Florida,Fourth District.

Orlando RODRIGUEZ, a/k/a Justo Cortes, Appellant, v. STATE of Florida, Appellee.

No. 99-337

Decided: March 03, 1999

Orlando Rodriguez, a/k/a, Justo Cortes, Blountstown, pro se. No appearance required for appellee.

The order denying the appellant's unsworn motion for jail credit is hereby affirmed without prejudice to file a sworn motion pursuant to Florida Rule of Criminal Procedure 3.850. A claim for additional credit can be raised in an unsworn motion to correct illegal sentence only if entitlement to such credit is clear from the face of the record. State v. Mancino, 714 So.2d 429 (Fla.1998). Since that is not the case here, appellant is required to seek relief under rule 3.850 within the time remaining under that rule.

PER CURIAM.

FARMER, GROSS, and HAZOURI JJ., concur.

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