ROBERT SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a motion under Florida Rule of Criminal Procedure 3.800(a) claiming an illegal sentence due to insufficient jail credit time is not applicable if the sentence imposed does not exceed the statutory maximum. The court affirmed the denial of the appellant's motion.
Appellant sought additional jail credit time, claiming his sentence was illegal under Fla. R. Crim. P. 3.800. The sentence imposed was seven years, we…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.800(A) Construction cases and more on FLexlaw
PER CURIAM.
We affirm the denial of appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800 claiming that appellant’s sentence is illegal because he was entitled to additional jail credit time.
We affirm because as we read Davis v. State, 661 So. 2d 1193, 1196 (Fla.1995), “only if the sentence exceeds the maximum allowed by law would the sentence be illegal.” In the instant case, appellant was convicted of a first degree felony which carries with it a maximum penalty of thirty years. As appellant was sentenced to only seven years incarceration, under no circumstance would the additional jail time exceed the statutory maximum. Based on Davis, appellant could not obtain relief under Rule 3.800(a).1 We acknowledge that both our court and others since Davis have continued to consider Rule 3.800 motions based upon improper jail credits. See Ford v. State, 667 So. 2d 455 (Fla. 4th DCA 1996); Fountain v. State, 660 So. 2d 376 (Fla. 4th DCA 1995); Nichols v. State, 668 So. 2d 278 (Fla. 2d DCA 1996).
We therefore certify the following question to the Florida Supreme Court:
DOES STATE V DAVIS, 661 S0.2D 1193 (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?
GUNTHER, C.J., WARNER and PARIENTE, JJ., concur. . Relief would be available under Florida Rule of Criminal Procedure 3.850. If a defendant is beyond the time period for Rule 3.850 relief and the sentence has been served but for the improper jail credit time, a petition for habeas corpus would offer relief.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
-
Baker v. State, 878 So. 2d 1236 (Fla. 2004)…tions, Average Daily Population by Facility, Fiscal Year 2002-2003, available at http ://www.dc.state.fl.us/pub/pop/facility/avgdaily.html. . To the extent that certain language in the Fourth District Court of Appeal's opinion in Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996), might indicate to the contrary, see id. at 215 n. 1 ("If a defendant is beyond the time period for Rule 3.850 relief and the sentence has been served but for the improper jail credit time, a petition for habeas corpus would offe…
-
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 that a claim of credit for jail time served is cognizable…
-
Blakley v. State, 746 So. 2d 1182 (Fla. 4th DCA 1999)…discretion to impose a sentence without crediting a defendant with time served. A sentence that patently fails to comport with statutory or constitutional limitations is by definition ‘illegal’. As noted by the Fourth District in [Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996) ] a prisoner who can demonstrate her entitlement to release when properly credited with time served would be entitled to relief by habeas corpus. “For these same reasons we agree with the holding of the Second District in Mancin…
Previewing 3 of 24 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- Fountain v. State, 660 So. 2d 376 (Fla. 4th DCA 1995)
- Ford v. State, 667 So. 2d 455 (Fla. 4th DCA 1996)
- Nichols v. State, 668 So. 2d 278 (Fla. 2d DCA 1996)