Florida District Courts of Appeal, 2002

Harrell v. State

Harrell v. State
Florida District Courts of Appeal · Decided March 12, 2002 · Booth, Browning, Polston
810 So. 2d 1033; 2002 Fla. App. LEXIS 2945; 2002 WL 377005 (Southern Reporter, Second Series)

Harrell v. State

Opinion of the Court

PER CURIAM.

The appellant challenges the trial court’s summary denial of his Fla. R.Crim. P. 3.800(a) motion for additional jail credit for the time he served on community control. The trial court did not err by ruling that the time served on community control is not available for additional jail credit. See Dupree v. State, 708 So.2d 968, 972 (Fla. 1st DCA 1998). As indicated by the trial court, the appellant did not argue that his sentence is illegal, therefore we do not address his assertion that he is entitled to jail credit time pursuant to Warrington v. State, 660 So.2d 385 (Fla. 5th DCA 1995).

AFFIRMED.

BOOTH and POLSTON, JJ., concur; BROWNING, J., concurs with opinion.

Concurring Opinion

BROWNING, J.

concurring.

I concur in the result reached by the majority. However, I would add an additional clause in the opinion to the effect that the majority opinion is without prejudice to the appellant’s filing a subsequent motion raising the argument that his sentence is illegal as conceded by the appellee in its response.

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