Florida District Courts of Appeal, 2015

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided January 14, 2015 · Morris, Kelly, Khouzam
154 So. 3d 1203; 2015 Fla. App. LEXIS 402; 2015 WL 160735 (Southern Reporter, Third Series)

Perez v. State

Opinion

MORRIS, Judge.

Victor Perez filed a motion for jail credit on December 27, 2013, which the postcon-viction court denied as untimely. But because Mr. Perez was sentenced prior to July 1, 2013, his motion was timely. See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”); see also Marchetti v. State, 143 So.3d 1077, 1078 (Fla. 2d DCA 2014). Accordingly, we reverse and remand for *1204 the postconviction court to reconsider Mr. Perez’s motion on its merits.

Reversed and remanded with directions.

KELLY and KHOUZAM, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.