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Perez v. State

154 So. 3d 1203, 2015 Fla. App. LEXIS 402, 2015 WL 160735
CourtDistrict Court of Appeal of Florida
DecidedJanuary 14, 2015
Docket2D14-2644
StatusPublished

This text of 154 So. 3d 1203 (Perez 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
Perez v. State, 154 So. 3d 1203, 2015 Fla. App. LEXIS 402, 2015 WL 160735 (Fla. Ct. App. 2015).

Opinion

MORRIS, Judge.

Victor Perez filed a motion for jail credit on December 27, 2013, which the postcon-viction court denied as untimely. But because Mr. Perez was sentenced prior to July 1, 2013, his motion was timely. See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”); see also Marchetti v. State, 143 So.3d 1077, 1078 (Fla. 2d DCA 2014). Accordingly, we reverse and remand for *1204 the postconviction court to reconsider Mr. Perez’s motion on its merits.

Reversed and remanded with directions.

KELLY and KHOUZAM, JJ., Concur.

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Related

Marchetti v. State
143 So. 3d 1077 (District Court of Appeal of Florida, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
154 So. 3d 1203, 2015 Fla. App. LEXIS 402, 2015 WL 160735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-state-fladistctapp-2015.