ARTIS BERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the trial court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief. In his motion he challenged his sentence upon revocation of probation because the trial court had failed to award him credit for time he had previously served in jail and in prison. We affirm the denial of the appellant’s motion because he did not allege that denial of the jail and prison credit caused him to be sentenced to a period in excess of the statutory maximum for his offense. See Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA1996). As did the court in Sullivan, we certify the following question to the Supreme Court of Florida:
DOES THE DEFINITION OF “AN ILLEGAL SENTENCE” IN DAVIS V. STATE, 661 So. 2d 1193, 1196 (Fla.1995) AND STATE V. CALLAWAY, 658 So. 2d 983, 988 (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?
MINER, ALLEN and MICKLE, JJ., concur.
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Cited By (13 total)
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State v. Mancino, 714 So. 2d 429 (Fla. 1998)…PER CURIAM. We have for review the decision in Mancino v. State, 693 So. 2d 73 (Fla. 2d DCA 1997), which the district court certified to be in conflict with the 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 Maneino. We hold th…
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Brown v. State, 689 So. 2d 1280 (Fla. 5th DCA 1997)…time served is not cognizable in a rule 3.800(a) 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 see, Bigham v. State, 679 So. 2d 1253 (Fla. 2d DCA 1996); Hood v. State, 676 So. 2d 79 (Fla. 3d DCA 1996). That exception is not applicable in this case. Accordingly, Br…
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Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997)…tion in a proceeding pursuant to Florida Rule of Criminal Procedure 3.800(a). This, however, is not the majority view in this state, and two district courts have certified this question to the Florida Supreme Court for consideration. Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996).1 We acknowledge conflict with the decisions of the First, Fourth, and Fifth District Courts of Appeal which adopt the view that Davis v. State, 661 So. 2d 1193 (Fla.1995),…
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- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996)