Florida District Courts of Appeal, 2015

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided January 21, 2015 · Casanueva, Wallace, Sleet
155 So. 3d 1223; 2015 Fla. App. LEXIS 612; 2015 WL 249174 (Southern Reporter, Third Series)

Johnson v. State

Opinion

CASANUEVA, Judge.

We affirm James L. Johnson’s judgments and sentences in this Anders 1 appeal without discussion. However, this af-firmance is without prejudice to Johnson filing a facially sufficient motion seeking additional jail time credit pursuant to Florida Rule of Criminal Procedure 3.801.

During the pendency of this appeal, Johnson filed a pro se “Petition to Correct Jail Credits,” pursuant to Florida Rule of Criminal Procedure 3.800(a). 2 The circuit *1224 court properly struck this motion because it was filed during the pendency of an appeal. See Scott v. State, 976 So.2d 628 (Fla. 2d DCA 2008). The circuit court also noted that Johnson’s motion was filed pri- or to the effective date of rule 3.801, requiring that all jail credit claims be raised pursuant to that new rule.

For sentences imposed prior to July 1, 2013, as in Johnson’s case, the time for filing a rule 3.801 motion expired on July 1, 2014. Fla. R. Crim. P. 3.801(b). Because this deadline expired during the pen-dency of this appeal, we affirm without prejudice to Johnson filing a facially sufficient rule 3.801 motion within thirty days of the issuance of this court’s mandate. See Vincent v. State, 149 So.3d 1151 (Fla. 4th DCA 2014). A motion filed within this time will not be deemed untimely or successive.

Affirmed without prejudice.

WALLACE and SLEET, JJ., Concur.
1

. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

2

. Johnson also raised the issue of additional jail credit time in his pro se Anders brief.

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