Tyson v. State

District Court of Appeal of Florida

Tyson v. State

773 So. 2d 593, 2000 Fla. App. LEXIS 15496, 2000 WL 1759890

CourtDistrict Court of Appeal of Florida

DecidedDecember 1, 2000

DocketNo. 1D00-2345

StatusPublished

Cited by2 cases

This text of 773 So. 2d 593 (Tyson 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

Tyson v. State, 773 So. 2d 593, 2000 Fla. App. LEXIS 15496, 2000 WL 1759890 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Appellant seeks review of two orders denying his motions requesting post-conviction relief. We reverse that portion of the Order Denying Motion for Post-Conviction Relief which summarily denied a request for credit for time allegedly spent in custody in Illinois awaiting extradition to Florida pursuant to a warrant charging a violation of probation. Appellant was sentenced for a violation of probation on April 14, 1998. His motion, filed on January 6, 1999, alleged that he should have received credit for time spent in custody in Illinois between November 12, 1997, and March 11, 1998, waiting to be returned to Florida. Contrary to the trial court’s ruling, this claim was timely. It was also appropriately raised by a postcon-viction motion. See Vanderblomen v. State, 709 So.2d 144 (Fla. 1st DCA 1998). Accordingly, we remand this claim to the trial court for consideration pursuant to the procedure outlined in Kronz v. State, 462 So.2d 450 (Fla.1985). In all other respects, the Order Denying Motion for Post-Conviction Relief and the Order Denying Motion to Correct Illegal Sentence are affirmed.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

JOANOS, WEBSTER and PADOVANO, JJ., CONCUR.

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PER CURIAM.

Appellant seeks review of two orders denying his motions requesting post-conviction relief. We reverse that portion of the Order Denying Motion for Post-Conviction Relief which summarily denied a request for credit for time allegedly spent in custody in Illinois awaiting extradition to Florida pursuant to a warrant charging a violation of probation. Appellant was sentenced for a violation of probation on April 14, 1998. His motion, filed on January 6, 1999, alleged that he should have received credit for time spent in custody in Illinois between November 12, 1997, and March 11, 1998, waiting to be returned to Florida. Contrary to the trial court’s ruling, this claim was timely. It was also appropriately raised by a postcon-viction motion. See Vanderblomen v. State, 709 So.2d 144 (Fla. 1st DCA 1998). Accordingly, we remand this claim to the trial court for consideration pursuant to the procedure outlined in Kronz v. State, 462 So.2d 450 (Fla.1985). In all other respects, the Order Denying Motion for Post-Conviction Relief and the Order Denying Motion to Correct Illegal Sentence are affirmed.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

JOANOS, WEBSTER and PADOVANO, JJ., CONCUR.

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Bluebook (online)

773 So. 2d 593, 2000 Fla. App. LEXIS 15496, 2000 WL 1759890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyson-v-state-fladistctapp-2000.

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