Moorer v. State, 89-1952
| Decision Date | 08 February 1990 |
| Docket Number | No. 89-1952,89-1952 |
| Citation | 556 So.2d 778 |
| Parties | 15 Fla. L. Weekly D374 Ashley Brett MOORER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Ashley Brett Moorer, pro se.
No appearance for appellee.
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.
To continue reading
Request your trial
-
Vanderblomen v. State
...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 he did not ......
-
State v. Mancino
...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 he did not......
-
Jones v. State
...sentences 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, 93-3287
...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......