Florida District Courts of Appeal, 2007

Killilea v. State

Killilea v. State
Florida District Courts of Appeal · Decided March 16, 2007 · Evander, Monaco, Thompson
950 So. 2d 1269; 2007 Fla. App. LEXIS 3860; 2007 WL 776609 (Southern Reporter, Second Series)

Killilea v. State

Opinion of the Court

PER CURIAM.

Michael R. Killilea appeals the order denying his 3.800(a) motion to correct jail credit. He contends the trial court did not credit him with the correct number days he served in the county jail against his Department of Corrections (“DOC”) sentence. While his case was pending before this court, Killilea was released from the DOC. See Toomer v. State, 895 So.2d 1256, 1256-57 (Fla. 1st DCA 2005). Therefore, *1270we DISMISS this appeal as MOOT because Killilea is no longer in DOC’s custody.

THOMPSON, MONACO and EVANDER, JJ. concur.

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