Florida District Courts of Appeal, 2005

Schilter v. State

Schilter v. State
Florida District Courts of Appeal · Decided June 22, 2005 · Cope, Ramirez, Wells
904 So. 2d 634; 2005 Fla. App. LEXIS 9698; 2005 WL 1459439 (Southern Reporter, Second Series)

Schilter v. State

Opinion of the Court

PER CURIAM.

Appellant Steven Schilter appeals his revocation of probation and sentence entered following his entry of an admission to a violation of probation. Appellant contends that he is entitled to additional credit for time served. However, that issue was not raised by a proper motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b). We affirm the judgment and sentence without prejudice for appellant to pursue his pending (but prematurely filed) pro se motion under Florida Rule of Criminal Procedure 3.800(a) wherein he seeks additional credit for time served. See Archambault v. State, 781 So.2d 1194 (Fla. 5th DCA 2001).

Affirmed.

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