Florida District Courts of Appeal, 2010

Shirley v. State

Shirley v. State
Florida District Courts of Appeal · Decided April 28, 2010 · Wells, Rothenberg, Schwartz
34 So. 3d 148; 2010 Fla. App. LEXIS 5584; 2010 WL 1687636 (Southern Reporter, Third Series)

Shirley v. State

Opinion

WELLS, Judge.

The order now before us is affirmed without prejudice to permit Appellant to file another motion challenging the amount of credit for time served following conclusion of the appeal in 3D09-1717. See Fla. R.Crim. P. 3.800(a) (“A court may at any time correct ... a sentence that does not grant proper credit for time served ... provided that a party may not file a motion to correct an illegal sentence under this *149 subdivision ... during the pendency of a direct appeal.”).

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