O'DONAHUE MAIRS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
O'DONAHUE MAIRS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
215 So. 3d 125
Florida District Court of Appeal, Third District (2017)
Positive Treatment
Cited by 4 cases
Opinion of the Court
We treat Appellant’s motion as one filed under Florida Rule of Criminal Procedure 3.801 and affirm. We conclude that the trial court properly awarded Appellant jail credit for the time he served in county jail between the date authorities returned him to jail for violating probation and the date the court sentenced him. This affirmance is without prejudice to Appellant seeking appropriate relief for gain time or prison credit in the appropriate forum.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Budry Michel, 257 So. 3d 3 (Fla. 2018)…and applying its holding, we have reversed trial court orders denying Miller postconviction claims even where, as in Reid's case, the presumptive parole release date was within the defendant's lifetime. See, e.g. , Carter v. State , No. 3D16-1090, [215 So. 3d 125, 127] 2017 WL 1018513, at *1 (Fla. 3d DCA Mar. 15, 2017) ("Notwithstanding the fact that he will be reevaluated for the possibility of parole in 2022, we conclude the defendant is correct and that he is entitled to resentencing under sections 775.08…
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State v. Calix, 245 So. 3d 928 (Fla. 3d DCA 2018)
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Efren Yero v. State, 217 So. 3d 150 (Fla. 3d DCA 2017)…and 921.1402, Florida Statutes. We agree. See Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Henry v. State, 175 So. 3d 675 (Fla. 2015), and Miller v. State, 208 So. 3d 834 (Fla. 3d DCA 2017); Carter v. State, No. 3d16-1090, 215 So. 3d 125, 2017 WL 1018513 (Fla. 3d DCA March 15, 2017). Reversed and remanded with directions.…
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