ROGER W. WALLS
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2021-08-11
No. 21-1024
Fossan
Florida District Court of Appeal, Third District (2021)

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Holding

An appeal challenging the legality of a sentence or seeking jail credit is moot and must be dismissed when the appellant completes the sentence before the appeal is resolved.


Headnotes

[1] An appeal challenging the legality of a sentence or seeking jail credit is rendered moot and subject to dismissal when the appellant completes service of the sentence dur…

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Key Quotes

“Where one is challenging the legality of his [or her] sentence or seeking jail credit against that sentence, and he [or she] completes the sentence during the pendency of the appeal, the appeal may be dismissed as moot.”

Court's statement of applicable law from Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005)

Facts & Procedural History

Roger W. Walls appealed a circuit court decision in Monroe County. During the pendency of the appeal, Walls completed his sentence.…

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Opinion of the Court

Opinion filed August 11, 2021. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21-1024 Lower Tribunal No. 17-368-A-K ________________ Roger W. Walls,

Appellant,

vs.

The State of Florida,

Appellee.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Mark H. Jones, Judge. Roger W. Walls, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee. Before HENDON, MILLER, and BOKOR, JJ. PER CURIAM.

Concluding the issue raised by appellant is now moot, we dismiss the appeal. See Toomer v. State, 895 So. 2d 1256, 1256-57 (Fla. 1st DCA 2005) (“Where one is challenging the legality of his [or her] sentence or seeking jail credit against that sentence, and he [or she] completes the sentence during the pendency of the appeal, the appeal may be dismissed as moot.”) (citing Hagan v. State, 853 So. 2d 595, 597 (Fla. 5th DCA 2003); Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000)).

Dismissed.


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