TIMOTHY C. BERG, JR.
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-12-27
No. 19-1031
Register, J., Kelsey, J., Jay, J., Tanenbaum, J.
Florida District Court of Appeal, First District (2019)

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Holding

A motion for correction of jail credit filed more than one year after a sentence becomes final is barred by Florida Rule of Criminal Procedure 3.801(b) and cannot be considered by the postconviction court.


Headnotes

[1] A motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801(b) must be filed within one year after the sentence becomes final, and a postconvict…

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Facts & Procedural History

Berg sought credit for incarceration in Bay County from August 25, 2015, to May 16, 2017. His sentence became final on September 14, 2017, but he did …

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Opinion of the Court
Tanenbaum

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-1031 _____________________________

TIMOTHY C. BERG, JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Washington County. Timothy Register, Judge.

December 27, 2019

PER CURIAM.

On appeal, Mr. Berg challenges the summary denial of his motion for correction of jail credit. Specifically, he claims that he should get credit for his incarceration in Bay County from August 25, 2015, to May 16, 2017. He filed the motion pursuant to rule 3.801, but that rule has a time limit. The rule precludes consideration of such a motion if the motion is “filed more than 1 year after the sentence becomes final.” Fla. R. Crim. P. 3.801(b). Mr. Berg’s sentence became final on September 14, 2017. He filed his jail credit motion on November 28, 2018. As such, there is no legal basis by which the postconviction court could have considered the claim he now raises on appeal.

AFFIRMED.

2

KELSEY, JAY, and TANENBAUM, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Timothy C. Berg, Jr., pro se, Appellant.

Ashley Moody, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.


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