ASHLEY BRETT MOORER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*779] PER CURIAM.
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.
SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.
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State v. Mancino, 714 So. 2d 429 (Fla. 1998)…il or prison credit were exempt from this analysis and specifically held that “a sentence which does not allow for 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 receive all of his jail time credit attacks the sentence as being illegal and ... can be raised at any…1 / 2
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Blakley v. State, 746 So. 2d 1182 (Fla. 4th DCA 1999)…rt also agreed with Judge Barkdull that: “ ‘A sentence which does not grant proper credit for time served is an illegal sentence which may be corrected at any time. See and compare Jones v. State, 635 So. 2d 41 (Fla. 1st DCA 1994); Moorer v. State, 556 So. 2d 778 (Fla. 1st DCA 1990). Section 921.161(1), Florida Statutes, states that a prisoner shall receive credit for time served in the county jail prior to sentencing and for time served between sentencing and transfer to the Department of Corrections.’ ” 7…
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- Baranko v. State, 516 So. 2d 332 (Fla. 1st DCA 1987)