Moorer v. State

Ashley Brett MOORER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 8, 1990.

District Court of Appeal of Florida · decided 1990-02-08

Cited by 9 later decisions — most recently December 1999

9 state decisions

Key passage — most relied on by later courts

“a sentence which does not allow for proper credit is an illegal sentence”

quoted by 3 later decisions, including 709 So. 2d 144 - Vanderblomen v. State, 635 So. 2d 41 - Jones v. State

Relies on Baranko v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-02-08

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¶1Ashley Brett Moorer, pro se.

¶2No appearance for appellee.

¶3 *779 PER CURIAM.

¶4Appellant filed a motion under Rule 3.800(a) or 3.850, Florida Rules of Criminal Procedure, seeking credit for 303 days spent in jail. The trial court denied the order on the stated ground that this issue should have been raised during appellant's direct appeal.

¶5A sentence which does not allow for proper credit is an illegal sentence. Baranko v. State,516 So.2d 332 (Fla. 1st DCA 1987). Under Rule 3.800, an illegal sentence may be corrected at any time. Because appellant was not precluded from raising this issue by way of a motion under 3.800(a), the trial court erred in denying the motion without consideration on the merits.

¶6REVERSED and REMANDED.

¶7SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.