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SESMAS v. State

24 So. 3d 812, 2010 Fla. App. LEXIS 130, 2010 WL 45867
CourtDistrict Court of Appeal of Florida
DecidedJanuary 8, 2010
Docket2D09-3358
StatusPublished

This text of 24 So. 3d 812 (SESMAS 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
SESMAS v. State, 24 So. 3d 812, 2010 Fla. App. LEXIS 130, 2010 WL 45867 (Fla. Ct. App. 2010).

Opinion

PER CURIAM.

Fernando Sesmas appeals from the denial in part and dismissal in part of his motion for correction of an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We affirm. However, it appears that time remains for Sesmas to file a motion for out-of-state jail credit under Florida Rule of Criminal Procedure 3.850. See Garnett v. State, 957 So.2d 32, 33 (Fla. 2d DCA 2007) (en banc) (holding that out-of-state jail credit, because its award is within the discretion of the trial court, “is not ‘an entitlement’ for purposes of rule 3.800(a)”).

Affirmed.

VILLANTI, KHOUZAM, and CRENSHAW, JJ., Concur.

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Related

Garnett v. State
957 So. 2d 32 (District Court of Appeal of Florida, 2007)

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Bluebook (online)
24 So. 3d 812, 2010 Fla. App. LEXIS 130, 2010 WL 45867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sesmas-v-state-fladistctapp-2010.