Florida District Courts of Appeal, 2000

Eady v. State

Eady v. State
Florida District Courts of Appeal · Decided December 12, 2000 · Barfield, Nortwick, Webster
773 So. 2d 621; 2000 Fla. App. LEXIS 16137; 2000 WL 1807529 (Southern Reporter, Second Series)

Eady v. State

Opinion of the Court

PER CURIAM.

The appellant challenges an order denying his motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the summary denial of the claim seeking resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2000). However, the trial court failed to address the appellant’s facially sufficient claim seeking jail credit for time spent in prison. Therefore, we reverse the summary denial of this claim and remand for the trial court to consider it on the merits. See Corpus v. State, 744 So.2d 594 (Fla. 2d DCA 1999); State v. Holmes, 360 So.2d 380 (Fla.1978.)

AFFIRMED in part and REVERSED in part.

BARFIELD, C.J., WEBSTER AND VAN NORTWICK, JJ., CONCUR.

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