ANTHONY J. DAVIS
v.
STATE OF FLORIDA
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An appeal challenging the legality of a sentence or seeking jail credit is moot if the appellant completes the sentence during the pendency of the appeal.
[1] An appeal challenging a sentence or seeking jail credit becomes moot when the appellant completes the sentence during the pendency of the appeal.
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Join FLexlaw to unlock all legal intelligence“Where one is challenging the legality of his sentence 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.”
Court's application of mootness doctrine from Toomer v. State, 895 So. 2d 1256, 1256-57 (Fla. 1st DCA 2005)
Anthony J. Davis appealed a sentence imposed by the Circuit Court for Walton County. Davis completed his sentence during the pendency of the appeal.…
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DISMISSED. See Toomer v. State, 895 So. 2d 1256, 1256-57 (Fla. 1st DCA 2005). (“Where one is challenging the legality of his sentence 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.”). LEWIS, M.K. THOMAS, and NORDBY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.