Chaney v. State, No. 96-1638
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM |
| Citation | 678 So.2d 880 |
| Parties | 21 Fla. L. Weekly D1878 Quinten Edward CHANEY, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 96-1638 |
| Decision Date | 16 August 1996 |
Page 880
v.
STATE of Florida, Appellee.
Fifth District.
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.
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1 See §§ 812.13(2) and 775.082(3)(c), Fla. Stat. (1991).
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Vanderblomen v. State, No. 97-2557
...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......
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State v. Mancino, No. 90516
...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......
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Brown v. State, No. 97-185
...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......
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State v. Swyck, No. 90358
...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......
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Vanderblomen v. State, No. 97-2557
...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......
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State v. Mancino, No. 90516
...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......
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Brown v. State, No. 97-185
...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......
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State v. Swyck, No. 90358
...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......