Florida District Courts of Appeal, 2010

SESMAS v. State

SESMAS v. State
Florida District Courts of Appeal · Decided January 8, 2010 · Villanti, Khouzam, Crenshaw
24 So. 3d 812; 2010 Fla. App. LEXIS 130; 2010 WL 45867 (Southern Reporter, Third Series)

SESMAS v. State

Opinion

PER CURIAM.

Fernando Sesmas appeals from the denial in part and dismissal in part of his motion for correction of an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We affirm. However, it appears that time remains for Sesmas to file a motion for out-of-state jail credit under Florida Rule of Criminal Procedure 3.850. See Garnett v. State, 957 So.2d 32, 33 (Fla. 2d DCA 2007) (en banc) (holding that out-of-state jail credit, because its award is within the discretion of the trial court, “is not ‘an entitlement’ for purposes of rule 3.800(a)”).

Affirmed.

VILLANTI, KHOUZAM, and CRENSHAW, JJ., Concur.

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