Sainval v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 DAVID SAINVAL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D05-2340 [September 7, 2005] PER CURIAM. We affirm the trial court s denial of appellant s Florida Rule of Criminal Procedure 3.800 motion because the issue involve d, the waiver of additional jail credit, requires an evidentiary hearing. This affirmance is without prejudice to Sainval filing a motion seeking additional jail credit pursuant to Florida Rule of Criminal Procedure 3.850, within the time remaining under that rule. Autrey v. State , 736 So.2d 94 (Fla. 4th DCA 1999). STEVENSON , C.J., WARNER and SHAHOOD, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 99-3419 CFA02. David Sainval, Arcadia, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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