Chaney v. State, No. 96-1638

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation678 So.2d 880
Parties21 Fla. L. Weekly D1878 Quinten Edward CHANEY, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 96-1638
Decision Date16 August 1996

Page 880

678 So.2d 880
21 Fla. L. Weekly D1878
Quinten Edward CHANEY, Appellant,
v.
STATE of Florida, Appellee.
No. 96-1638.
District Court of Appeal of Florida,
Fifth District.
Aug. 16, 1996.

Page 881

Quinten Edward Chaney, Mayo, pro se.

No Appearance for Appellee.

PER CURIAM.

Quinten Edward Chaney appeals the denial of his motion for jail time credit filed pursuant to Florida Rule of Procedure 3.800(a). Chaney claims the trial court orally awarded him 349 days jail time credit, but the written sentence only reflects 131 days credit. The trial court denied Chaney's motion finding that the attached commitment papers confirmed he was awarded the jail time credit announced in court, 131 days. We affirm.

Chaney alleges that his sentence is illegal for the second degree felony of robbery. He was sentenced to ten years imprisonment, with credit for 131 days, a term well within the statutory maximum. 1 A sentence within the statutory maximum is a legal sentence and not subject to review in a rule 3.800(a) motion but rather a motion for postconviction relief pursuant to rule 3.850. State v. Callaway, 658 So.2d 983 (Fla.1995); Davis v. State, 661 So.2d 1193 (Fla.1995); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); Barfield v. State, 671 So.2d 820 (Fla. 1st DCA 1996).

AFFIRMED.

COBB, W. SHARP and THOMPSON, JJ., concur.

---------------

1 See §§ 812.13(2) and 775.082(3)(c), Fla. Stat. (1991).

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12 practice notes
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • 24 Marzo 1998
    ...of the claimed credit had resulted in a sentence that exceeded the statutory maximum for a particular offense. See Chaney v. State, 678 So.2d 880, 881 (Fla. 5th DCA 1996); see also Ramos v. State, 697 So.2d 231, 231 (Fla. 5th DCA 1997); Brown v. State, 689 So.2d 1280 (Fla. 5th DCA 1997). Th......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • 11 Junio 1998
    ...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 jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we approve Mancino. We hold that......
  • Brown v. State, No. 97-185
    • United States
    • Court of Appeal of Florida (US)
    • 21 Marzo 1997
    ...motion, unless the denial of credit caused a defendant's sentence 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......
  • State v. Swyck, No. 90358
    • United States
    • United States State Supreme Court of Florida
    • 20 Agosto 1998
    ...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 jurisdiction. Art. V, § 3(b)(4), Fla. Swyck moved to correct his sentence pursuant to Florida Rule of Criminal......
  • Request a trial to view additional results
12 cases
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • 24 Marzo 1998
    ...of the claimed credit had resulted in a sentence that exceeded the statutory maximum for a particular offense. See Chaney v. State, 678 So.2d 880, 881 (Fla. 5th DCA 1996); see also Ramos v. State, 697 So.2d 231, 231 (Fla. 5th DCA 1997); Brown v. State, 689 So.2d 1280 (Fla. 5th DCA 1997). Th......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • 11 Junio 1998
    ...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 jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we approve Mancino. We hold that......
  • Brown v. State, No. 97-185
    • United States
    • Court of Appeal of Florida (US)
    • 21 Marzo 1997
    ...motion, unless the denial of credit caused a defendant's sentence 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......
  • State v. Swyck, No. 90358
    • United States
    • United States State Supreme Court of Florida
    • 20 Agosto 1998
    ...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 jurisdiction. Art. V, § 3(b)(4), Fla. Swyck moved to correct his sentence pursuant to Florida Rule of Criminal......
  • Request a trial to view additional results

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