Eady v. State

District Court of Appeal of Florida

Eady v. State

773 So. 2d 621, 2000 Fla. App. LEXIS 16137, 2000 WL 1807529

District Court of Appeal of Florida·Decided December 12, 2000·No. No. 1D00-2472·Published

Opinion

PER CURIAM.

The appellant challenges an order denying his motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the summary denial of the claim seeking resentencing under Heggs v. State, 759 So.2d 620 (Fla.2000). However, the trial court failed to address the appellant’s facially sufficient claim seeking jail credit for time spent in prison. Therefore, we reverse the summary denial of this claim and remand for the trial court to consider it on the merits. See Corpus v. State, 744 So.2d 594 (Fla. 2d DCA 1999); State v. Holmes, 360 So.2d 380 (Fla.1978.)

AFFIRMED in part and REVERSED in part.

BARFIELD, C.J., WEBSTER AND VAN NORTWICK, JJ., CONCUR.

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PER CURIAM.

The appellant challenges an order denying his motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the summary denial of the claim seeking resentencing under Heggs v. State, 759 So.2d 620 (Fla.2000). However, the trial court failed to address the appellant’s facially sufficient claim seeking jail credit for time spent in prison. Therefore, we reverse the summary denial of this claim and remand for the trial court to consider it on the merits. See Corpus v. State, 744 So.2d 594 (Fla. 2d DCA 1999); State v. Holmes, 360 So.2d 380 (Fla.1978.)

AFFIRMED in part and REVERSED in part.

BARFIELD, C.J., WEBSTER AND VAN NORTWICK, JJ., CONCUR.

Eady v. State, 773 So. 2d 621, 2000 Fla. App. LEXIS 16137, 2000 WL 1807529 (Fla. Ct. App. 2000).

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Opinion

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