Wallace v. State

District Court of Appeal of Florida

Wallace v. State

920 So. 2d 164, 2006 Fla. App. LEXIS 1259, 2006 WL 250267

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 2006

DocketNo. 2D05-4232

StatusPublished

This text of 920 So. 2d 164 (Wallace 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.

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Wallace v. State, 920 So. 2d 164, 2006 Fla. App. LEXIS 1259, 2006 WL 250267 (Fla. Ct. App. 2006).

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Opinion

VILLANTI, Judge.

Dwayne D. Wallace appeals the postcon-viction court’s denial of his pro se motion for additional jail credit. We reverse the denial of the motion and remand for the postconviction court to strike the motion as unauthorized because Wallace’s direct appeal of his judgment and sentence is still pending in this court in case number 2D05-189. See Ladson v. State, 907 So.2d 1288 (Fla. 2d DCA 2005).

Reversed and remanded.

ALTENBERND and CASANUEVA, JJ., Concur.

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VILLANTI, Judge.

Dwayne D. Wallace appeals the postcon-viction court’s denial of his pro se motion for additional jail credit. We reverse the denial of the motion and remand for the postconviction court to strike the motion as unauthorized because Wallace’s direct appeal of his judgment and sentence is still pending in this court in case number 2D05-189. See Ladson v. State, 907 So.2d 1288 (Fla. 2d DCA 2005).

Reversed and remanded.

ALTENBERND and CASANUEVA, JJ., Concur.

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920 So. 2d 164, 2006 Fla. App. LEXIS 1259, 2006 WL 250267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-state-fladistctapp-2006.

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