TIMOTHY C. BERG, JR.
v.
STATE OF FLORIDA
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A motion for correction of jail credit filed more than one year after a sentence becomes final is barred by Florida Rule of Criminal Procedure 3.801(b) and cannot be considered by the postconviction court.
[1] A motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801(b) must be filed within one year after the sentence becomes final, and a postconvict…
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Join FLexlaw to unlock all legal intelligenceBerg sought credit for incarceration in Bay County from August 25, 2015, to May 16, 2017. His sentence became final on September 14, 2017, but he did …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-1031 _____________________________
TIMOTHY C. BERG, JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Washington County. Timothy Register, Judge.
December 27, 2019
PER CURIAM.
On appeal, Mr. Berg challenges the summary denial of his motion for correction of jail credit. Specifically, he claims that he should get credit for his incarceration in Bay County from August 25, 2015, to May 16, 2017. He filed the motion pursuant to rule 3.801, but that rule has a time limit. The rule precludes consideration of such a motion if the motion is “filed more than 1 year after the sentence becomes final.” Fla. R. Crim. P. 3.801(b). Mr. Berg’s sentence became final on September 14, 2017. He filed his jail credit motion on November 28, 2018. As such, there is no legal basis by which the postconviction court could have considered the claim he now raises on appeal.
AFFIRMED.
2
KELSEY, JAY, and TANENBAUM, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Timothy C. Berg, Jr., pro se, Appellant.
Ashley Moody, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.