OSCAR R. EVANS
v.
THE STATE OF FLORIDA
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A trial court properly denies a motion to correct an illegal sentence when the defendant was properly credited for time served, even if the credit was applied to a separate case rather than the case at issue.
[1] A sentencing error correctable under Florida Rule of Criminal Procedure 3.800(a) must be apparent from the face of the original record.
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Join FLexlaw to unlock all legal intelligence“sentencing errors that can be corrected under rule 3.800(a) must be apparent from face of original record”
Court citing Martinez v. State in support of affirming denial of motion to correct illegal sentence
Oscar R. Evans sought credit for 1,116 days of time served in his underlying sentence. The trial court had clearly explained, and Evans had acknowledg…
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Opinion filed November 3, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1735 Lower Tribunal No. F07-31687 ________________ Oscar R. Evans,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge. Oscar R. Evans, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ. BOKOR, J.
Oscar R. Evans challenges an order denying his motion to correct an illegal sentence. Specifically, Mr. Evans seeks credit in the underlying sentence for 1,116 days of time served. However, the record reflects that the trial court clearly explained, and Mr. Evans acknowledged, that he would receive the credit for time served in a separate probation violation case, and not the instant case. Since Mr. Evans was properly credited for time served in this case, the trial court properly denied Mr. Evan’s motion. Martinez v. State, 211 So. 3d 989, 991 (Fla. 2017) (explaining that sentencing errors that can be corrected under rule 3.800(a) must be apparent from face of original record).
Affirmed.