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FOUNTAIN v. STATE

No. 95-1219.

660 So.2d 376 (1995)

James E. FOUNTAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 13, 1995.

Attorney(s) appearing for the Case

James Fountain, Immokalee, pro se appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, Judge.

We withdraw our opinion filed July 19, 1995 and substitute the following opinion in its place.

Appellant filed a rule 3.800 motion alleging that because he was already in custody when he was charged in this case, he is entitled to jail credit from the date he was served with the capias on the new charges. Rule 3.800 is a proper vehicle for seeking jail credit, Lee v. State, 566 So.2d 526 (Fla. 4th DCA...

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