Home/District Court of Appeal of Florida/Chaney v. State

Chaney v. State

678 So. 2d 880, 1996 WL 465079
CourtDistrict Court of Appeal of Florida
DecidedAugust 16, 1996
Docket96-1638
StatusPublished
Cited by12 cases

This text of 678 So. 2d 880 (Chaney v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaney v. State, 678 So. 2d 880, 1996 WL 465079 (Fla. Ct. App. 1996).

Opinion

678 So.2d 880 (1996)

Quinten Edward CHANEY, Appellant,
v.
STATE of Florida, Appellee.

No. 96-1638.

District Court of Appeal of Florida, Fifth District.

August 16, 1996.

*881 Quinten Edward Chaney, Mayo, pro se.

No Appearance for Appellee.

PER CURIAM.

Quinten Edward Chaney appeals the denial of his motion for jail time credit filed pursuant to Florida Rule of Procedure 3.800(a). Chaney claims the trial court orally awarded him 349 days jail time credit, but the written sentence only reflects 131 days credit. The trial court denied Chaney's motion finding that the attached commitment papers confirmed he was awarded the jail time credit announced in court, 131 days. We affirm.

Chaney alleges that his sentence is illegal for the second degree felony of robbery. He was sentenced to ten years imprisonment, with credit for 131 days, a term well within the statutory maximum.[1] A sentence within the statutory maximum is a legal sentence and not subject to review in a rule 3.800(a) motion but rather a motion for postconviction relief pursuant to rule 3.850. State v. Callaway, 658 So.2d 983 (Fla.1995); Davis v. State, 661 So.2d 1193 (Fla.1995); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); Barfield v. State, 671 So.2d 820 (Fla. 1st DCA 1996).

AFFIRMED.

COBB, W. SHARP and THOMPSON, JJ., concur.

NOTES

[1] See §§ 812.13(2) and 775.082(3)(c), Fla. Stat. (1991).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ingledue v. State
734 So. 2d 518 (District Court of Appeal of Florida, 1999)
State v. Swyck
716 So. 2d 767 (Supreme Court of Florida, 1998)
State v. Mancino
714 So. 2d 429 (Supreme Court of Florida, 1998)
Newlon v. State
709 So. 2d 208 (District Court of Appeal of Florida, 1998)
Vanderblomen v. State
709 So. 2d 144 (District Court of Appeal of Florida, 1998)
Henderson v. State
701 So. 2d 1276 (District Court of Appeal of Florida, 1997)
Carstensen v. State
701 So. 2d 128 (District Court of Appeal of Florida, 1997)
Ramos v. State
697 So. 2d 231 (District Court of Appeal of Florida, 1997)
Mancino v. State
693 So. 2d 73 (District Court of Appeal of Florida, 1997)
Swyck v. State
693 So. 2d 618 (District Court of Appeal of Florida, 1997)
Brown v. State
689 So. 2d 1280 (District Court of Appeal of Florida, 1997)
Harris v. State
687 So. 2d 994 (District Court of Appeal of Florida, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
678 So. 2d 880, 1996 WL 465079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaney-v-state-fladistctapp-1996.