McCall v. State
McCall v. State
Opinion of the Court
Michael McCall appeals the 2009 revocation of his probation for burglary of a dwelling and his resulting sentence of thirty years in prison as a habitual felony offender. Mr. McCall’s appellate counsel initially filed an Anders
In its oral pronouncement of sentence, the trial court directed that Mr. McCall was to receive “[cjredit for all time served including today’s date.” The written sentence grants credit for time served of 1108 days, which is about three years. But at the time Mr. McCall was sentenced
Nevertheless, Mr. McCall did not object or file a motion to correct this sentencing error in accordance with Florida Rule of Criminal Procedure 3.800(b). Thus he failed to preserve the issue for appellate review. Ingraham v. State, 82 So.3d 1101 (Fla. 2d DCA 2012); Woodard v. State, 6 So.3d 726, 727 (Fla. 2d DCA 2009). Accordingly, our affirmance is without prejudice to any right Mr. McCall may have to file a motion to correct his sentence under rule 3.800(a).
We have considered all of the other issues raised in the initial Anders brief and in Mr. McCall’s pro se brief, and we find them to be without merit.
Affirmed.
. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.