Moorer v. State, No. 89-1952

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; SHIVERS
Citation556 So.2d 778
Parties15 Fla. L. Weekly D374 Ashley Brett MOORER, Appellant, v. STATE of Florida, Appellee.
Decision Date08 February 1990
Docket NumberNo. 89-1952

Page 778

556 So.2d 778
15 Fla. L. Weekly D374
Ashley Brett MOORER, Appellant,
v.
STATE of Florida, Appellee.
No. 89-1952.
District Court of Appeal of Florida,
First District.
Feb. 8, 1990.

Ashley Brett Moorer, pro se.

No appearance for appellee.

Page 779

PER CURIAM.

Appellant filed a motion under Rule 3.800(a) or 3.850, Florida Rules of Criminal Procedure, seeking credit for 303 days spent in jail. The trial court denied the order on the stated ground that this issue should have been raised during appellant's direct appeal.

A sentence which does not allow for proper credit is an illegal sentence. Baranko v. State, 516 So.2d 332 (Fla. 1st DCA 1987). Under Rule 3.800, an illegal sentence may be corrected at any time. Because appellant was not precluded from raising this issue by way of a motion under 3.800(a), the trial court erred in denying the motion without consideration on the merits.

REVERSED and REMANDED.

SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.

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9 practice notes
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...proper credit is an illegal sentence" as defined by the rule. See Jones, 635 So.2d at 42; Rouse, 643 So.2d at 1160; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991)(noting that "a claim by a defendant that h......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...proper credit is an illegal sentence" as defined by the rule. See Jones, 635 So.2d at 42; Rouse, 643 So.2d at 1160; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991) (noting that "a claim by a defendant that ......
  • Jones v. State, No. 93-781
    • United States
    • Florida District Court of Appeals
    • January 14, 1994
    ...must also reflect the credit for time served." (Emphasis in original.) Daniels, 491 So.2d at 544-45. See also Moorer v. State, 556 So.2d 778 (Fla. 1st DCA 1990), in which this court stated "[a] sentence which does not allow for proper credit is an illegal sentence.... Under Rule 3......
  • Rouse v. State, No. 93-3287
    • United States
    • Court of Appeal of Florida (US)
    • October 6, 1994
    ...which can be corrected at any time, pursuant to rule 3.800(a). Jones v. State, 635 So.2d 41, 43 (Fla. 1st DCA 1994); Moorer v. State, 556 So.2d 778 (Fla. 1st DCA 1990). The fact that appellant entered into a plea agreement for a particular sentence does not preclude him from asserting entit......
  • Request a trial to view additional results
9 cases
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...proper credit is an illegal sentence" as defined by the rule. See Jones, 635 So.2d at 42; Rouse, 643 So.2d at 1160; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991)(noting that "a claim by a defendant that h......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...proper credit is an illegal sentence" as defined by the rule. See Jones, 635 So.2d at 42; Rouse, 643 So.2d at 1160; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991) (noting that "a claim by a defendant that ......
  • Jones v. State, No. 93-781
    • United States
    • Florida District Court of Appeals
    • January 14, 1994
    ...must also reflect the credit for time served." (Emphasis in original.) Daniels, 491 So.2d at 544-45. See also Moorer v. State, 556 So.2d 778 (Fla. 1st DCA 1990), in which this court stated "[a] sentence which does not allow for proper credit is an illegal sentence.... Under Rule 3......
  • Rouse v. State, No. 93-3287
    • United States
    • Court of Appeal of Florida (US)
    • October 6, 1994
    ...which can be corrected at any time, pursuant to rule 3.800(a). Jones v. State, 635 So.2d 41, 43 (Fla. 1st DCA 1994); Moorer v. State, 556 So.2d 778 (Fla. 1st DCA 1990). The fact that appellant entered into a plea agreement for a particular sentence does not preclude him from asserting entit......
  • Request a trial to view additional results

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