DENNIS A. TOOMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2005-03-08
No. 1D04-1935
VAN NORTWICK, POLSTON and THOMAS, JJ., concur.
895 So. 2d 1256 Florida District Court of Appeal, First District (2005) Caution
Cited by 49 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We dismiss this appeal as moot. Where one is challenging the legality of his sen tence or seeking jail credit against that sentence, and he completes the sentence during the pendency of the appeal, the appeal may be dismissed as moot. Cf. Hagan v. State, 853 So. 2d 595, 597 (Fla. 5 th DCA 2003); Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000). Because the appellant is no longer in jail, he has no use for jail credit that would shorten his sentence, rendering this appeal moot.

DISMISSED.

VAN NORTWICK, POLSTON and THOMAS, JJ., concur.


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Cited By (31 total)

  • Isiah Williams v. State, 146 So. 3d 516 (Fla. 2d DCA 2014)
    …PER CURIAM. Affirmed. See Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005); Teart v. State, 866 So. 2d 145 (Fla. 1st DCA 2004); Sherwood v. State, 745 So. 2d 378 (Fla. 4th DCA 1999). KELLY, VILLANTI, and LaROSE, JJ., Concur.…
  • Marlena Christine Woods v. State, 214 So. 3d 803 (Fla. 1st DCA 2017)
    …Woods challenged only her sentence— not her conviction. Generally, when a defendant challenges a sentence already completed, we dismiss the appeal as moot. See, e.g., Miller v. State, 996 So. 2d 954 (Fla. 1st DCA 2008) (Mem. Op.); Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005) (Mem. Op.); Desrosiers v. State, 189 So. 2d 834 (Fla. 1st DCA 1966). We have even gone so far as to say “we have no [*826] choice but to dismiss the appeal” in this circumstance. Miller v. State, 79 So. 3d 209, 211 (Fla. 1st DCA…
  • Getzlaff v. State, 359 So. 3d 442 (Fla. 1st DCA 2023)
    …ere can be no prejudice where the ordinance exists, applies to the defendant, and lawfully imposes the fine, we affirm.”). Finally, because Getzlaff is no longer incarcerated, he has no use for credit that would reduce his sentence. Toomer v. State, 895 So. 2d 1256, 1257 (Fla. 1st DCA 2005). Thus, we dismiss the fourth issue on appeal as moot. Id. at 1256. AFFIRMED in part and DISMISSED in part. ROBERTS, WINOKUR, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any time…

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