Mitchell v. State, 97-1658
| Decision Date | 16 July 1997 |
| Docket Number | No. 97-1658,97-1658 |
| Parties | 22 Fla. L. Weekly D1743 Rufus MITCHELL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. Case No. 87-2233CFB02.
Rufus Mitchell, Belle Glade, pro se.
No appearance required for appellee.
The trial court granted in part and denied in part appellant's motion filed pursuant to Florida Rule of Criminal Procedure 3.800, giving appellant a jail time credit against only the sentence which consigned appellant to imprisonment for the statutory maximum time allowed for the felony forming the basis for the sentence. We affirm based on Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996), and again certify the following question to the Florida Supreme Court:
DOES DAVIS V. STATE, 661 So.2d 1193 (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?
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Moreland v. State, 97-1213
...of the maximum allowed by law, making it an illegal sentence under Davis, and cognizable under rule 3.800(a). See Mitchell v. State, 696 So.2d 957 (Fla. 4th DCA 1997) (affirming trial court's order granting rule 3.800(a) motion in part, giving appellant jail time credit against only sentenc......