OSCAR R. EVANS v. THE STATE OF FLORIDA

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 3, 2021. Not final until disposition of timely filed motion for rehearing.

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No. 3D21-1735 Lower Tribunal No. F07-31687 ________________

Oscar R. Evans, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.

Oscar R. Evans, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ.

BOKOR, J. Oscar R. Evans challenges an order denying his motion to correct an

illegal sentence. Specifically, Mr. Evans seeks credit in the underlying

sentence for 1,116 days of time served. However, the record reflects that

the trial court clearly explained, and Mr. Evans acknowledged, that he would

receive the credit for time served in a separate probation violation case, and

not the instant case. Since Mr. Evans was properly credited for time served

in this case, the trial court properly denied Mr. Evan’s motion. Martinez v.

State, 211 So. 3d 989, 991 (Fla. 2017) (explaining that sentencing errors that

can be corrected under rule 3.800(a) must be apparent from face of original

record).

Affirmed.