Hunter v. State

District Court of Appeal of Florida

Hunter v. State

842 So. 2d 243, 2003 Fla. App. LEXIS 4756, 2003 WL 1823529

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 2003

DocketNo. 2D02-4341

StatusPublished

This text of 842 So. 2d 243 (Hunter 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

Hunter v. State, 842 So. 2d 243, 2003 Fla. App. LEXIS 4756, 2003 WL 1823529 (Fla. Ct. App. 2003).

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Opinion

STRINGER, Judge.

Michael Hunter challenges the trial court’s order dismissing his motion for clarification of sentence. We affirm the trial court’s order without comment and note only-that pursuant to Gethers v. State, 838 So.2d 504 (Fla.2003), Hunter is not entitled to credit against his Hendry County sentence from the date the detainer from Hendry County was lodged against him while he was in jail in Palm Beach County awaiting disposition of his charges there. The court in Gethers held that “[o]nly if the prisoner is subject to release but is being held because a detainer has been lodged can it be said that the prisoner is in custody pursuant to the detainer.” Id. at 507.

Affirmed.

WHATLEY and NORTHCUTT, JJ., concur.

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STRINGER, Judge.

Michael Hunter challenges the trial court’s order dismissing his motion for clarification of sentence. We affirm the trial court’s order without comment and note only-that pursuant to Gethers v. State, 838 So.2d 504 (Fla.2003), Hunter is not entitled to credit against his Hendry County sentence from the date the detainer from Hendry County was lodged against him while he was in jail in Palm Beach County awaiting disposition of his charges there. The court in Gethers held that “[o]nly if the prisoner is subject to release but is being held because a detainer has been lodged can it be said that the prisoner is in custody pursuant to the detainer.” Id. at 507.

Affirmed.

WHATLEY and NORTHCUTT, JJ., concur.

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842 So. 2d 243, 2003 Fla. App. LEXIS 4756, 2003 WL 1823529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-state-fladistctapp-2003.

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