TACOBY CHARLES ROSS, 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 reversed the trial court's denial of a Rule 3.800(b)(2) motion for sentencing credit filed during a pending appeal, holding that such motions may be filed while an appeal is pending and must be considered on the merits.
A defendant may file a motion to correct a sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2) during the pendency of a direct appeal, and the trial court must consider it on the merits.
[1] A motion to correct a sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2) may be filed during the pendency of a direct appeal, and Rule 3.801 applies on…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If an appeal is pending, a defendant or the state may file in the trial court a motion to correct a sentencing error.”
Statement of the applicable rule governing motions to correct sentencing errors during pending appeals.
Appellant filed a motion to correct a sentencing error seeking credit for time served while his direct appeal was pending. The trial court denied the …
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 Correction Of Sentencing Error cases and more on FLexlaw
Appellant appeals the trial court’s denial of his Florida Rule of Criminal Procedure *12913.800(b)(2) motion to. correct a sentencing error. The trial court stated that it .denied Appellant’s motion, because it was required to be filed under Florida Rule of Criminal Procedure 3.801. The issue before us is whether Appellant can seek credit for time served via Florida Rule of Criminal Procedure 3.800(b)(2) during the pendency of a direct appeal.
“If an appeal is pending, a defendant or the state may file in the trial court a motion to correct a sentencing error.” Fla. R. Crim. P. 3.800(b)(2). A motion to correct a final sentence may be filed under Florida Rule of Criminal Procedure 3.801. Fla. R. Crim. P. 3.801(a). Appellant filed his motion during the pendency of his appeal, not after his sentence became final. In the Court Commentary to rule 3,801, the language of the 2013 adoption states that “all jail credit issues must be handled pursuant to this rule”; however, the 2016 Amendment to rule 3.801 clarifies that “rule 3.801 applies to final sentences.” Id, The State concedes error on this issue. We reverse and remand for the trial court’s consideration of Appellant’s motion on the merits.
REVERSED AND REMANDED.
B.L. THOMAS, C.J., LEWIS and ROWE, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brady v. State, 250 So. 3d 803 (Fla. 2d DCA 2018)
-
Fernandez v. State, 43 Fla. L. Weekly D1507 (Fla. 2d DCA 2018)