Florida District Courts of Appeal, 1996

Prestridge v. State

Prestridge v. State
Florida District Courts of Appeal · Decided November 13, 1996 · Cope, Goderich, Shevin
682 So. 2d 703; 1996 Fla. App. LEXIS 11945; 1996 WL 661775 (Southern Reporter, Second Series)

Prestridge v. State

Opinion of the Court

PER CURIAM.

As the State properly concedes, the sentences imposed on the defendant pursuant to the plea agreement of October 31, 1995, do not include credit for the prison time the defendant had previously served, and a motion to correct illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800, was the appropriate vehicle to seek the correction of the trial court’s order.

Thus, the trial court erred in denying the pro se timely filed 3.800 motion. The cause *704is remanded to the trial court with directions to correct the sentence to reflect a credit for time served.

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