McCrary v. State

District Court of Appeal of Florida

McCrary v. State

934 So. 2d 500, 2005 Fla. App. LEXIS 6476, 2005 WL 1028181

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 2005

DocketNo. 3D05-629

StatusPublished

This text of 934 So. 2d 500 (McCrary 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.

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McCrary v. State, 934 So. 2d 500, 2005 Fla. App. LEXIS 6476, 2005 WL 1028181 (Fla. Ct. App. 2005).

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Opinion

CONFESSION OF ERROR

PER CURIAM.

Leonard McCrary appeals the summary denial of his Rule 3.800(a) motion for credit for time served. Based on the state’s proper confession of error, we reverse and remand to the trial court with instructions to correct the defendant’s sentence to reflect the credit for jail time served when he was in the Department of Corrections’ custody from April 3, 2000 to April 15, 2002. Apparently, the trial court did not check the box instructing the Department of Corrections to compute and apply credit for the time previously served in state prison. See § 921.0017, Fla. Stat. (2004). Thus, because the July 15, 2002 sentence does not direct the Department of Corrections to give credit for this time served, the trial court’s order denying relief is [501]*501reversed and the case is remanded to the trial court for the correction of the defendant’s sentence. See Johnson v. State, 881 So.2d 88 (Fla. 5th DCA 2004).

Reversed and remanded with instructions.

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CONFESSION OF ERROR

PER CURIAM.

Leonard McCrary appeals the summary denial of his Rule 3.800(a) motion for credit for time served. Based on the state’s proper confession of error, we reverse and remand to the trial court with instructions to correct the defendant’s sentence to reflect the credit for jail time served when he was in the Department of Corrections’ custody from April 3, 2000 to April 15, 2002. Apparently, the trial court did not check the box instructing the Department of Corrections to compute and apply credit for the time previously served in state prison. See § 921.0017, Fla. Stat. (2004). Thus, because the July 15, 2002 sentence does not direct the Department of Corrections to give credit for this time served, the trial court’s order denying relief is [501]*501reversed and the case is remanded to the trial court for the correction of the defendant’s sentence. See Johnson v. State, 881 So.2d 88 (Fla. 5th DCA 2004).

Reversed and remanded with instructions.

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934 So. 2d 500, 2005 Fla. App. LEXIS 6476, 2005 WL 1028181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccrary-v-state-fladistctapp-2005.

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