Surico v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 DIJON SURICO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-2144 [August 24, 2011] PER CURIAM. Affirmed without prejudice to appellant s right to file a new motion to correct illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a), expressly alleging where in the records it can be demonstrated that she is entitled to jail time credit (as opposed to drug farm time served for which she would not be entitled to credit) and identifying in which lower court case number the credit applies. See Cabrera v. State, 62 So. 3d 1171 (Fla. 4th DCA 2011); see also Toro v. State, 719 So. 2d 947 (Fla. 4th DCA 1998). WARNER, STEVENSON and LEVINE, JJ., concur. * * * Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Amy L. Smith, Judge; L.T. Case Nos. 1998CF010930AXX and 2001CF005979AXX. Dijon Surico, Pembroke Pines, pro se. Pamela J o Bondi, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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