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RIOS v. STATE

No. 2D11-4950.

87 So.3d 822 (2012)

Gabrial RIOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 11, 2012.

Attorney(s) appearing for the Case

Gabrial Rios , pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

Gabrial Rios appeals the trial court's order denying his motion for additional jail time credit in circuit court case number 2009-CF-615, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the order and remand for the postconviction court to consider Rios' motion as a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.

The trial court sentenced Rios concurrently in two circuit...

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