Berry v. State, No. 96-1197

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation684 So.2d 239
Decision Date02 December 1996
Docket NumberNo. 96-1197
Parties21 Fla. L. Weekly D2563 Artis BERRY, Appellant, v. STATE of Florida, Appellee. First District

Page 239

684 So.2d 239
21 Fla. L. Weekly D2563
Artis BERRY, Appellant,
v.
STATE of Florida, Appellee.
No. 96-1197.
District Court of Appeal of Florida,
First District.
Dec. 2, 1996.

Artis Berry, Pro Se, for Appellant.

No appearance for the State.

PER CURIAM.

The appellant challenges the trial court's denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief. In his motion he challenged his sentence upon revocation of probation because the trial court had failed to award him credit for

Page 240

time he had previously served in jail and in prison. We affirm the denial of the appellant's motion because he did not allege that denial of the jail and prison credit caused him to be sentenced to a period in excess of the statutory maximum for his offense. See Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996). As did the court in Sullivan, we certify the following question to the Supreme Court of Florida:

DOES THE DEFINITION OF "AN ILLEGAL SENTENCE" IN DAVIS V. STATE, 661 So.2d 1193, 1196 (Fla.1995) AND STATE V. CALLAWAY, 658 So.2d 983, 988 (Fla.1995) APPLY TO MOTIONS FILED UNDER RULE 3.800 REQUESTING JAIL CREDIT SO THAT SUCH MOTIONS MAY NOT BE RAISED WHERE THE SENTENCE WOULD NOT EXCEED THE MAXIMUM SENTENCE ALLOWED BY LAW?

MINER, ALLEN and MICKLE, JJ., concur.

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13 practice notes
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...820 (Fla. 1st DCA 1996); Gibbs v. State, 685 So.2d 88 (Fla. 1st DCA 1996), review dismissed, 692 So.2d 185 (Fla.1997); Berry v. State, 684 So.2d 239, 240 (Fla. 1st DCA 1996), the Second District Court of Appeal specifically held that a claim for additional presentencing jail or prison credi......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...v. State, 693 So.2d 73 (Fla. 2d DCA 1997), which the district court certified to be in conflict with the opinions in Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); and Chaney v. State, 678 So.2d 880 (Fla. 5th DCA 1996). We have juris......
  • Moreland v. State, No. 97-1213
    • United States
    • Court of Appeal of Florida (US)
    • October 29, 1997
    ...rule 3.800(a), only if it exceeded the maximum allowed by law. Accord Brown v. State, 689 So.2d 1280 (Fla. 5th DCA 1997); Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996). But see Swyck v. State, 693 So.2d 618 (Fla. 2d DCA 1997); Gonzalez v. State, 678 So.2d 433 (Fla. 3d DCA 1996). Otherwi......
  • Brown v. State, No. 97-185
    • United States
    • Court of Appeal of Florida (US)
    • March 21, 1997
    ...to exceed the statutory maximum allowed by law. See Chaney v. State, 678 So.2d 880 (Fla. 5th DCA 1996). See also See Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996). But see, Bigham v. State, 679 So.2d 1253 (Fla. 2d DCA 1996); Hood v. ......
  • Request a trial to view additional results
13 cases
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...820 (Fla. 1st DCA 1996); Gibbs v. State, 685 So.2d 88 (Fla. 1st DCA 1996), review dismissed, 692 So.2d 185 (Fla.1997); Berry v. State, 684 So.2d 239, 240 (Fla. 1st DCA 1996), the Second District Court of Appeal specifically held that a claim for additional presentencing jail or prison credi......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...v. State, 693 So.2d 73 (Fla. 2d DCA 1997), which the district court certified to be in conflict with the opinions in Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); and Chaney v. State, 678 So.2d 880 (Fla. 5th DCA 1996). We have juris......
  • Moreland v. State, No. 97-1213
    • United States
    • Court of Appeal of Florida (US)
    • October 29, 1997
    ...rule 3.800(a), only if it exceeded the maximum allowed by law. Accord Brown v. State, 689 So.2d 1280 (Fla. 5th DCA 1997); Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996). But see Swyck v. State, 693 So.2d 618 (Fla. 2d DCA 1997); Gonzalez v. State, 678 So.2d 433 (Fla. 3d DCA 1996). Otherwi......
  • Brown v. State, No. 97-185
    • United States
    • Court of Appeal of Florida (US)
    • March 21, 1997
    ...to exceed the statutory maximum allowed by law. See Chaney v. State, 678 So.2d 880 (Fla. 5th DCA 1996). See also See Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996). But see, Bigham v. State, 679 So.2d 1253 (Fla. 2d DCA 1996); Hood v. ......
  • Request a trial to view additional results

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