McCrary v. State, No. 3D05-629.

• Court: Court of Appeal of Florida (US)
• Writing for the Court: Per Curiam
• Citation: 934 So.2d 500
• Decision Date: 04 May 2005
• Docket Number: No. 3D05-629.
• Parties: Leonard McCRARY, Appellant, v. The STATE of Florida, Appellee.

934 So.2d 500 Leonard McCRARY, Appellant,
v.
The STATE of Florida, Appellee. No. 3D05-629. District Court of Appeal of Florida, Third District. May 4, 2005.

An Appeal from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge.

Leonard McCrary, in proper person.

Charles J. Crist, Jr., Attorney General, and Robin F. Hazel, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER, and RAMIREZ, JJ.

CONFESSION OF ERROR

PER CURIAM.

Leonard McCrary appeals the summary denial of his Rule 3.800(a) motion for credit for time served. Based on the state's proper confession of error, we reverse and remand to the trial court with instructions to correct the defendant's sentence to reflect the credit for jail time served when he was in the Department of Corrections' custody from April 3, 2000 to April 15, 2002. Apparently, the trial court did not check the box instructing the Department of Corrections to compute and apply credit for the time previously served in state prison. See § 921.0017, Fla. Stat. (2004). Thus, because the July 15, 2002 sentence does not direct the Department of Corrections to give credit for this time served, the trial court's order denying relief is

Page 501

reversed and the case is remanded to the trial court for the correction of the defendant's sentence. See Johnson v. State, 881 So.2d 88 (Fla. 5th DCA 2004).

Reversed and remanded with instructions.