Florida District Courts of Appeal, 2008

Gore v. State

Gore v. State
Florida District Courts of Appeal · Decided June 18, 2008 · Lewis, Roberts, Wolf
987 So. 2d 110; 2008 Fla. App. LEXIS 10967; 2008 WL 2434226 (Southern Reporter, Second Series)

Gore v. State

Opinion of the Court

PER CURIAM.

Appellant seeks review of the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the motion was properly denied as untimely, appellant’s claim that his sentence is illegal because the trial court improperly rescinded his jail credit can be raised at any time. See Fla. R.Crim. P. 3.850(b); Wheeler v. State, 880 So.2d 1260 (Fla. 1st DCA 2004).

We therefore reverse the summary denial of appellant’s claim that his sentence is illegal and remand for record attachments conclusively refuting appellant’s claim or for resentencing as the record dictates.

AFFIRMED in part, REVERSED in part, and REMANDED.

WOLF, LEWIS, and ROBERTS, JJ., concur.

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