Mossburg v. State

District Court of Appeal of Florida

Mossburg v. State

133 So. 3d 1177, 2014 WL 836698, 2014 Fla. App. LEXIS 2981

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 2014

DocketNo. 4D13-1722

StatusPublished

This text of 133 So. 3d 1177 (Mossburg 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

Mossburg v. State, 133 So. 3d 1177, 2014 WL 836698, 2014 Fla. App. LEXIS 2981 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

Raymond Mossburg appeals a circuit court order summarily denying two claims he raised in a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of his second claim without the need for further discussion, but reverse the summary denial of his first claim in which Mossburg sought additional jail time [1178]*1178credit. The claim was legally sufficient, and it appears from the State response on which the circuit court relied that this claim was overlooked altogether.

Therefore, we remand for the trial court to consider the claim for jail time credit.

Affirmed in part, Reversed and Remanded for further proceedings.

TAYLOR, LEVINE and CONNER, JJ., concur.

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PER CURIAM.

Raymond Mossburg appeals a circuit court order summarily denying two claims he raised in a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of his second claim without the need for further discussion, but reverse the summary denial of his first claim in which Mossburg sought additional jail time [1178]*1178credit. The claim was legally sufficient, and it appears from the State response on which the circuit court relied that this claim was overlooked altogether.

Therefore, we remand for the trial court to consider the claim for jail time credit.

Affirmed in part, Reversed and Remanded for further proceedings.

TAYLOR, LEVINE and CONNER, JJ., concur.

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Bluebook (online)

133 So. 3d 1177, 2014 WL 836698, 2014 Fla. App. LEXIS 2981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mossburg-v-state-fladistctapp-2014.