CLIFFORD SHELTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Credit For Time Served cases and more on FLexlaw
PER CURIAM.
Appellant Clifford Shelton appeals the trial court’s summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Shelton claimed entitlement to credit for time served in jail prior to his date of conviction and sentencing and for time served after sentencing but before transport to prison. Shelton is not entitled to seek credit in the trial court for post-sentencing time served, as that is properly raised with the Department of Corrections. See Schuettler v. State, 931 So. 2d 1044 (Fla. 4th DCA 2006); Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002). Thus, the trial court did not err in summarily denying that portion of his motion asking for post-sentencing credit.
However, it did err insofar as it also summarily denied his claim for pre-sentencing time served from the date of his arrest in June 1989 to the date of his conviction and sentencing on March 21, 1990. Therefore, we reverse and remand for the trial court to consider the latter claim for jail credit on its merits.
Affirmed in Part, Reversed and Remanded in Part.
GUNTHER, KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Abedelkader Dawudi v. State, 20 So. 3d 1028 (Fla. 4th DCA 2009)…to prison after the original sentence was imposed, without prejudice to his right to exhaust all administrative recourse as to that claim, and to then seek mandamus relief in the circuit court if still not satisfied. See generally Shelton v. State, 942 So. 2d 1028 (Fla. 4th DCA 2006). We reverse the trial court’s summary denial of this motion insofar as Dawudi sought credit for 147 days spent on probation, however. See Waters v. State, 662 So. 2d 332 (Fla.1995); Hughes v. State, 927 So. 2d 1040 (Fla. 4th DC…
Authorities Cited
- Ross v. State, 807 So. 2d 725 (Fla. 3d DCA 2002)
- Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002)
- Ianleal Schuettler v. State, 931 So. 2d 1044 (Fla. 4th DCA 2006)