OSCAR R. EVANS v. THE STATE OF FLORIDA
This text of OSCAR R. EVANS v. THE STATE OF FLORIDA (OSCAR R. EVANS v. THE STATE OF FLORIDA) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed November 3, 2021. Not final until disposition of timely filed motion for rehearing.
________________
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.
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