WILTON KEN HERBERT v. STATE OF FLORIDA

District Court of Appeal of Florida

WILTON KEN HERBERT v. STATE OF FLORIDA

District Court of Appeal of Florida·Decided November 2, 2022·No. 22-0819·Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

WILTON KEN HERBERT,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D22-819

[November 2, 2022]

Appeal of order denying rule 3.801 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J. Murphy, III, Judge; L.T. Case No. 17-011221-CF-10A.

Wilton Ken Herbert, Punta Gorda, pro se.

No appearance required for appellee. PER CURIAM.

Affirmed. See Smith v. State, 932 So. 2d 594, 595 (Fla. 5th DCA 2006)

(“[T]he trial court is only required to award credit for pre-sentence jail time; it is the function of the Department of Corrections to award credit for any time served in jail after sentencing but before transfer to state prison. See § 921.161(2), Fla. Stat. (2005).”).

WARNER, DAMOORGIAN and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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