Mitchell v. State

District Court of Appeal of Florida

Mitchell v. State

27 So. 3d 240, 2010 Fla. App. LEXIS 1579, 2010 WL 532810

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 2010

DocketNo. 4D08-4776

StatusPublished

This text of 27 So. 3d 240 (Mitchell 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

Mitchell v. State, 27 So. 3d 240, 2010 Fla. App. LEXIS 1579, 2010 WL 532810 (Fla. Ct. App. 2010).

Pincite

Opinion

GERBER, J.

The appellant, Derrick Antonio Mitchell, filed a motion to correct sentencing error in the circuit court. In the motion, Mitchell stated that the court erred in not awarding him 233 days of jail time credit at the time of his sentencing. Within 60 days from the filing of the motion, the court did not file an order ruling on the motion. Thus, the motion is considered [241]*241denied. See Fla. R.Crim. P. 3.800(b)(1)(B) (2008) (“Within 60 days from the filing of the motion, the trial court shall file an order ruling on the motion. If no order is filed within 60 days, the motion shall be considered denied.”).

This appeal followed. The state has conceded the sentencing error. Therefore, we reverse the circuit court’s denial of Mitchell’s motion to correct sentencing error, and remand with directions to the court to amend Mitchell’s sentence to award 233 days of jail time credit at the time of his sentencing.

Reversed and remanded with directions.

TAYLOR and LEVINE, JJ., concur.

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GERBER, J.

The appellant, Derrick Antonio Mitchell, filed a motion to correct sentencing error in the circuit court. In the motion, Mitchell stated that the court erred in not awarding him 233 days of jail time credit at the time of his sentencing. Within 60 days from the filing of the motion, the court did not file an order ruling on the motion. Thus, the motion is considered [241]*241denied. See Fla. R.Crim. P. 3.800(b)(1)(B) (2008) (“Within 60 days from the filing of the motion, the trial court shall file an order ruling on the motion. If no order is filed within 60 days, the motion shall be considered denied.”).

This appeal followed. The state has conceded the sentencing error. Therefore, we reverse the circuit court’s denial of Mitchell’s motion to correct sentencing error, and remand with directions to the court to amend Mitchell’s sentence to award 233 days of jail time credit at the time of his sentencing.

Reversed and remanded with directions.

TAYLOR and LEVINE, JJ., concur.

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Bluebook (online)

27 So. 3d 240, 2010 Fla. App. LEXIS 1579, 2010 WL 532810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-fladistctapp-2010.